Lyons v. Grand Lodge K. P. of N. C.

• Decision Date: 09 November 1916
• Docket Number: 365.
• Parties: LYONS v. GRAND LODGE K. P. OF NORTH CAROLINA.
• Court: North Carolina Supreme Court

90 S.E. 423

172 N.C. 408

LYONS v. GRAND LODGE K. P. OF NORTH CAROLINA.

No. 365.

Supreme Court of North Carolina

November 9, 1916

Appeal from Superior Court, Forsyth County; Long, Judge.

Action by Mary Lyons against the Grand Lodge of Knights of Pythias of North Carolina. Judgment for plaintiff, and defendant excepts and appeals. No error.

On proof of the death of a member of a fraternal order presentation of the policy by the beneficiary, and denial of liability by the order, a prima facie right of recovery is established, and defendant has the burden of proof with reference to defenses.

The action was to recover on an endowment policy in the sum of $300 issued by defendant order in case of Frank Lyons, a member who died on March 6, 1915. Plaintiff, his widow having made demand, and payment being refused, instituted present action, proved the death, demand for payment, and refusal on part of defendant. Liability was denied, on the ground, chiefly, that the decedent was not a member in good standing at the time of his death, as required by the terms of the policy.

On issue of indebtedness, it was shown that Frank Lyons died on Saturday, March 6th, as stated, and was buried; a representative committee of the order, appointed for the purpose, taking part in the funeral ceremonies. It was further shown that decedent had complied with all rules of membership dues to January 1, 1915. There was evidence on the part of the defendant tending to show that, after the 1st of January to the time of his death in March, decedent had not paid his monthly dues, and, further, that on January 5, 1915 the local lodge had made an order suspending him from membership on that account. The facts showed that Frank Lyons was not present when this order of suspension was entered and no evidence was offered tending to show that he had received any notice of the purpose to suspend, nor of the action of the lodge in reference thereto, nor does it appear that Frank Lyons received any notice of being in arrears. The policy contained, among other things, the stipulation that it was payable on condition:

"That the brother knight shall be a member in good standing in his subordinate lodge at the time of his death, and that the records of the Grand Lodge and subordinate lodge shall sustain the same."

As relevant to this question, the constitution of the subordinate lodge contained a provision in article 10:

"In the event of the death of a member, who at the time of his death was in arrears for his fines, dues and assessments, the funeral benefits shall not be paid, provided this section shall not prohibit appropriation for the decent interment of such member if his own property or means are insufficient," etc.

And in article 10, section 6:

"A member who is in arrears for six months dues, or their equivalent, and has been notified to pay the same, shall be suspended by the chancellor commander in open lodge, and a record of such suspension shall be entered on the minutes of the lodge, and the keeper of records and seal is hereby required to notify the proper officer."

There was evidence on part of plaintiff tending to show that decedent had attended lodge meetings in January and February and had made payment on his dues in these months. The court charged the jury, in effect, that, if they believed the evidence, plaintiff was entitled to recover. Verdict for plaintiff, and judgment. Defendant, having duly excepted, appealed to superior court of Forsyth county, and his honor, Judge Long, being of opinion that record and case on appeal disclosed no error, affirmed the judgment of the county court, whereupon defendant again excepted and appealed.

J. C. Buxton, Raymond Parker, and Watson & Robinson, all of Winston-Salem, for appellant.

Gilbert T. Stephenson, of Winston-Salem, for appellee.

HOKE, J. (after stating the facts as above).

On proof of the death of the member, presentation of the policy by the beneficiary,...