Marcoux v. Soc'y of Beneficence St. John Baptist of Fairfield

• Decision Date: 20 January 1898
• Citation: 91 Me. 250,39 A. 1027
• Parties: MARCOUX v. SOCIETY OF BENEFICENCE ST. JOHN BAPTIST OF FAIRFIELD.
• Court: Maine Supreme Court

39 A. 1027

91 Me. 250

MARCOUX

v. SOCIETY OF BENEFICENCE ST. JOHN BAPTIST OF FAIRFIELD.

Supreme Judicial Court of Maine.

Jan. 20, 1898.

(Official.)

Report from supreme judicial court, Somerset county.

Action by Adelaide Marcoux against the Society of Beneficence St. John Baptist of Fairfield, to recover benefits under a certificate of membership of defendant society. Heard on report. Judgment for defendant.

This was an action of assumpsit against the defendant, a society incorporated for the mutual assistance of its members while living, and the benefit of the members' widows and heirs after their decease.

Declaration: "In a plea of the case, for that Michel Marcoux, of Clinton, in the county of Kennebec, on the thirteenth day of April, A. D. 1887, at said Fairfield, became a member of the defendant society, and the defendant, in consideration that said Michel should pay twenty-five cents per month at the meeting of each month, and should pay one dollar during the thirty days following a member's death, and should pay one dollar in advance, did promise the said Michel to pay the expense of religious services and burial, not exceeding twenty five dollars, and did promise the said Michel to pay to his widow or heirs the sum of one dollar for each member in said society and in the Society of Beneficence St. John Baptist of Waterville, Maine, at the time of his decease; that the plaintiff is the widow of said Michel; that said Michel died on the eleventh day of October, 1896. And the plaintiff avers that, at the time of the decease of said Michel, there were five hundred members in said society; that said Michel had paid all his dues and assessments to the defendant society; that due notice has been given said society of the decease of said Michel. Yet though requested," etc.

Plea, general issue and brief statement, as follows:

"And for a brief statement of special matter of defense to be used under the general issue pleaded, the said defendant further says that, if it promised in manner and form as the plaintiff in her writ has declared against it, it was in consideration of the promise and agreement of the said Michel Marcoux that, if his death should be caused by his intemperance or bad conduct, the defendant should be released from the obligation of said promise; and the defendant says that the death of the said Michel Marcoux was caused by his intemperance and bad conduct.

"And the defendant further says that its said promise was made in further consideration of the promise of the said Michel Marcoux that he would pay to the defendant society the sum of twenty-five cents as a monthly contribution at each monthly meeting of said defendant society held on the first Sunday of each month and, in the event that he should not pay his said contribution at any monthly meeting, that he would lose his right to receive any benefits from the defendant society, even for the month succeeding the payment of said contribution which he had neglected to pay; and that, if he should not be entitled to benefits at the time of his death, his widow or his heirs should not be entitled to receive any.

"And the defendant says that the said Michel Marcoux did not pay the contribution due from him to the defendant society at the monthly meeting of said society held on the first Sunday of September, 1896, and did not pay said contribution until the meeting of said society which was held on the first Sunday of October, 1896; that the death of the said Michel Marcoux occurred within one month next after the payment of said contribution due on the first Sunday of September, 1896.

"The defendant further says that the said promise, if made, was made in further consideration of the promise and agreement of the said Michel Marcoux that the statements made by him when he became a member of the Society of St. John the Baptist at Waterville, Maine, were true; that said statements were not true in this, viz. that the said Michel Marcoux declared when he became a member of said Society of St. John the Baptist at Waterville, Maine, that he was not over fifty years of age, but that he was forty-nine years of age, whereas the said Michel Marcoux was then and there more than fifty years of age."

S. S. Brown and P. W. Clair, for plaintiff.

C. P. Johnson and G. G. Weeks, for defendant.

SAVAGE, J. The plaintiff, as widow of Michel Marcoux, seeks to recover from the defendant certain benefits which she claims are due to her by virtue of the "constitution" and "regulations" of the defendant society, of which her husband is alleged to have been a member in his lifetime. The defendant is a religious, social, and beneficial society. It issues no benefit certificates or contracts to its members. It is conceded that its obligations to its members and their beneficiaries are to be found in its by-laws; otherwise called its "constitution" and "regulations." In these we find the following provisions, which are material to the decision of this case:

"The principal object of this society of beneficence is to establish, by a monthly contribution made by the members, a fund to help the sick associates, and, after their death, for the widows and children." Const, art. 2. "No person can be admitted before the age of fifteen nor after the age of fifty." Id. art. 3. "The monthly contribution will be twenty-five cents, payable in advance at the regular meeting on the first Sunday of each month." Regulations, art. 14. "Any member, when elected, will be obliged to pay his admission fee himself the next month. He must answer the questions made by the president." Among the questions is the following: "Tell us, upon your word of honor, that you are not older than fifty." Regulations, art. 14. "The society binds itself to pay three dollars a week, excepting the first, to any member who by sickness or accident is unable to work. * * * "During the thirty days following the death of a member, every associate must pay one dollar to the secretary of finance." "The secretary of finance will remit the total amount to the widow of the deceased." "In order that the * * * widow be entitled to this amount, the member must be entitled to benefits at the time of his death." "At the death of a member, the society will pay the expense of the worship and burial, provided the sum does not exceed twenty-five dollars." "When a member receives benefits, he must pay in advance one dollar to the secretary of finances, who will give him a receipt, and deposit this money in bank; said money will be paid to the widow or heirs of the deceased." Regulations, art. 16. "When the physician or visitor proves that the sickness is due to intemperance or bad conduct, the member will lose all his rights for help from the society." "He who will not pay his contribution at each monthly meeting will lose his rights to benefits, even for the month succeeding his payment." Regulations, art 17.

1, The plaintiff claims to...