Mitchell v. Grand Lodge Iowa Knights Honor

• Court: Iowa Supreme Court
• Writing for the Court: SEEVERS
• Citation: Mitchell v. Grand Lodge Iowa Knights Honor, 70 Iowa 360, 30 N.W. 865 (Iowa 1886)
• Decision Date: 15 December 1886
• Parties: MITCHELL v. GRAND LODGE IOWA KNIGHTS OF HONOR AND OTHERS.

70 Iowa 360

30 N.W. 865

MITCHELL

v.GRAND LODGE IOWA KNIGHTS OF HONOR AND OTHERS.

Supreme Court of Iowa.

December 15, 1886.

Appeal from circuit court, Jasper county.

The Grand Lodge Iowa Knights of Honor is a corporation organized under the laws of Iowa, and, as its name implies, such corporation has supreme power in such organization in this state. Subordinate lodges were formed under its authority, one of which is the Newton Branch, No. 1. Charles F. Mitchell became a member of the Newton Branch, and, as such, became, or rather his beneficiary, at Mitchell's death, became, entitled to a certain amount of a benefit fund, as provided in the rules and regulations of the order. The plaintiff is the widow of said Mitchell, and brought this action to recover such amount. A demurrer to the petition was sustained, and the plaintiff appeals.Stahl Bros. & Gilman, for appellant.

Winslow & Varnum, for appellee.

SEEVERS, J.

The articles of incorporation and constitution of the grand and subordinate lodges are made a part of the petition, and it is conceded that the benefit fund, to recover which is the object of this action, must be paid to the person entitled thereto, as provided therein. A certificate of membership was issued to the deceased, and, when issued, it was therein stated that Margaret F. Mitchell was the beneficiary, and entitled to receive such portion of the benefit fund as was due, by virtue of the membership of said Charles F. Mitchell. Said Margaret, however, was not his wife, heir, or member of his family; and the sole question to be determined is whether she or the plaintiff is entitled to the fund.

The articles of incorporation provide “that the object of this corporation shall be to unite all acceptable men, of every profession, * * * to provide benevolence and charity, by establishing a widows' and orphans' fund, from which, on satisfactory evidence of the death of a member of the corporation, * * * a sum not exceeding two thousand dollars shall be paid to his family, or as he may direct. * * *” It is further provided in the constitution of subordinate lodges that every applicant for membership “must be a male person, * * * competent to earn a livelihood for himself and family.”

It is contended by counsel for the appellant that the avowed object of the corporation is to provide a widows' and orphans' fund for the family of deceased members, and that the widow and children of the deceased member are named as a class to...