McMurry v. Supreme Lodge, K. of H.
| Decision Date | 24 April 1884 |
| Citation | 20 F. 107 |
| Parties | McMURRY v. SUPREME LODGE, KNIGHTS OF HONOR. [1] |
| Court | U.S. District Court — Middle District of Tennessee |
The case was heard before the circuit judge, without a jury, upon an agreed statement of facts.
The plaintiff brought suit against the defendant, as 'a beneficiary organization upon the mutual assessment plan,' upon a benefit certificate issued July 5, 1878, to Charles S. McMurry, providing for the payment of $2,000 'as a benefit, upon due notice of his death and the surrender of this certificate, to such person or persons as he may, by will or entry on the record-book of this lodge, or on the face of this certificate, direct the same to be paid provided he is in good standing when he dies. ' The plaintiff was named as the beneficiary on the face of the certificate.
McMurry paid regularly his assessments, of one dollar each, until February 23, 1881, when he ceased paying. After this, Guthrie Lodge, No. 1,054, of which he was a member, paid four assessment for him, voluntarily, to the supreme lodge of the order. He did not reimburse Guthrie Lodge for these payments and its officers thereupon dropped his name from their rolls and reported him as 'suspended;' but the lodge did not suspend him by any vote which was recorded on its minutes. Prior to September 15, 1881, four other assessments had been called, and were forwarded by Guthrie Lodge to the supreme lodge, on none of which had any payments been made by McMurry. The 30 days' time allowed to members by the law of the order for the payment of these assessments had fully expired before McMurry died, which was on October 11, 1881. He had not paid dues to his lodge since January 1, 1881.
The laws of the order, in force in 1878 and in 1881, contained these provisions:
Other regulations provided that only members 'in good standing' could become representatives in the superior lodges of the order, or be allowed to receive sick benefits or have the...
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