Manson v. Grand Lodge Ancient Order of United Workmen of State of Minnesota

• Decision Date: 20 June 1883
• Citation: 16 N.W. 395,30 Minn. 509
• Parties: Annie D. Manson v. Grand Lodge Ancient Order of United Workmen of the State of Minnesota
• Court: Minnesota Supreme Court

16 N.W. 395

30 Minn. 509

Annie D. Manson v. Grand Lodge Ancient Order of United Workmen of the State of Minnesota

Supreme Court of Minnesota

June 20, 1883

Plaintiff, the person designated by Albert G. Manson in his certificate of membership in defendant to receive the sum of $ 2,000, upon his death, brought this action in the district court for Ramsey county, to recover that sum. The action was tried before Wilkin, J., a jury being waived, and judgment was ordered for plaintiff. Defendant appeals from an order refusing a new trial.

Order affirmed.

A. L Levi, for appellant.

O'Brien & Eller, for respondent.

OPINION

Dickinson, J.

The defendant is an incorporation, having among its purposes the creation of a fund for the benefit of its members during sickness, and, in case of death, the payment of a stipulated sum to such persons as may be designated, thus providing a plan of life insurance for its members. The fund created for this purpose is under the control of and administered by the corporation. Upon the death of a member in good standing, the beneficiary whom he may have designated is entitled to receive from this fund the sum of $ 2,000. This fund is created and maintained by assessments upon the individual members of the lodge, each member being required to pay the sum of one dollar upon the death of a member, for the support of the fund. The by-laws provide that if this payment be not made within 20 days after notice, the delinquent member shall forfeit his right to the benefits of the fund. This notice of 20 days is made to terminate or expire on or before the 28th day of the month. The by-laws provide also for the keeping of a record-book of the assessments, by an officer of the lodge, called the financier, wherein the assessments shall be entered "bearing date of the first meeting night, and not later than the 8th day of the month. On the third meeting night following the issuing of assessment notices, and on or before the 28th day of said month, he (the financier) shall furnish the lodge with the names of the members who are in arrears on such assessments, and the recorder shall place the same on the minutes of the lodge, and mark such certificates as suspended on the certificate register-book, affixing the date thereto. The financier shall, upon the receipt of any arrearages from beneficiary assessments, as provided for in sections 10, 11, 12, and 13 of this article, pay the same into the beneficiary fund, * * * and notify the lodge of the same, and the recorder shall so place it on the minutes of the lodge, and mark the certificate register-book, affixing the date thereto." Section 10 above referred to is as follows: "Any member who renders void his certificate by reason of non-payment of assessments thereon, may renew the same at any time within a period of three months from the date of the forfeiture thereof, provided he shall pay all assessments that have been made during that time."

Prior to the 25th day of September, 1878, one Albert G. Manson was a member of this...