Patterson v. United Artisans

• Citation: 72 P. 1095,43 Or. 333
• Parties: PATTERSON v. UNITED ARTISANS. 5c
• Decision Date: 13 July 1903
• Court: Oregon Supreme Court

72 P. 1095

43 Or. 333

PATTERSON v. UNITED ARTISANS. 5c

Supreme Court of Oregon

July 13, 1903

Appeal from Circuit Court, Multnomah County; M.C. George, Judge.

Action by Leo J. Patterson, by J.P. Finley, his guardian, against the United Artisans. Judgment for plaintiff, and defendant appeals. Affirmed.

The plaintiff, by his guardian, brought an action in the court below against the United Artisans, upon a certificate issued to his father, a member of one of its subordinate assemblies by which it agreed to pay plaintiff the sum of $1,900 in case of the death of his father. The sole defense is that the insured committed suicide, which released the society from liability. The jury found against the defendant upon this question, and from the judgment entered it appeals.

Seneca Smith, for appellant.

A.C Spencer and Geo. E. Chamberlain, for respondent.

BEAN J.

The only assignment of error is the ruling of the court in admitting in evidence a certificate or statement of the officers of the subordinate assembly to which deceased belonged, which accompanied and was a part of the proof of death submitted to the supreme assembly. The death of the insured is admitted by the pleadings, and it is also admitted that due proof thereof was made as required by the rules of the society. The position of the defendant is that the evidence referred to is incompetent, because there was no issue to which it was applicable, and for the further reason that the statement of opinions therein contained is not binding upon it. Section 41 of the by-laws of the defendant provides: "Proof of Death. Upon the receipt of the notice of death of a beneficiary member, the supreme secretary shall forward to the secretary of the assembly of which the deceased was a member, duplicate blank forms for proof of death, together with blank claimant's affidavits, which must be filled out and sworn to by the beneficiary or beneficiaries, or if the beneficiary be a minor child, by a guardian duly appointed by the proper legal officer, and witnessed and certified by the master artisan and secretary, under seal of the assembly of which the decedent was a member. The proof must show that the deceased was a member in good standing at the time of his death; name in full, date of joining the society, date and cause of death, and the name of the person or persons and their relationship to deceased to whom the benefits are to be paid a part of which proofs shall be affidavits of the master artisan and secretary as to the record of the member, also the affidavit of the attending physician or physicians, if any, stating the disease of which the member died, duration of illness and date of death; also the affidavit of the undertaker in charge or the clergyman officiating at the funeral, if any, together with such other sworn testimony as may be required by the board of directors to fully establish the death and identity of such deceased member. Upon the receipt of such proof, the same shall be laid before the board of directors, who shall approve or disapprove the same and if approved by them an order for the payment of the amount to which the beneficiary is...