Ranisbarger v. Union Mut. Aid Ass'n

• Decision Date: 25 June 1887
• Parties: RANISBARGER v. UNION MUT. AID ASS'N
• Court: Iowa Supreme Court

72 Iowa 191

33 N.W. 626

RANISBARGER

v.UNION MUT. AID ASS'N

Supreme Court of Iowa.

June 25, 1887.

Appeal from circuit court, Hardin county.

This is an action at law on a certificate of membership in the defendant company. The certificate was issued to Enoch Johnson, plaintiff's father, and it constituted him a member of the association. By it the association agreed, in consideration of the payment by said Johnson of certain dues and assessments, to pay, on proof of his death, to plaintiff and her husband, the net proceeds of one full assessment at schedule rates upon all the members in good standing at the date of such death. This agreement is expressed in the following language: “Upon receipt of satisfactory proof of death of a member of the association * * * the secretary shall make an assessment upon each member of the association at the rates prescribed in the following schedule: * * *. Such assessments shall be paid to the secretary within thirty days from the day on which the notice bears date. Five days shall be allowed the secretary for making such notices after the date thereof, and five days' grace shall be allowed the members in addition to the time mentioned in the notice. The proceeds of such assessment, not exceeding the sum of twenty-five hundred dollars, shall be paid to the beneficiary named in the certificate within ninety days from the receipt of satisfactory proofs of death.”

It is alleged in the petition that Johnson had in all things performed his part of the agreement, that he was dead, and that proofs of his death had been filed with defendant as required by the contract; but that it had failed and refused to make an assessment on the members of the association, or to collect or pay over the proceeds of such assessment. It is also alleged that the proceeds of one assessment upon all members in good standing at the time of the death would amount to $2,500. A demurrer to the petition was overruled, and defendant refusing to plead further, judgment was entered against it for one-half of the maximum amount of the certificate, that being the interest claimed by plaintiff. Defendant appealed.

BECK, J., dissenting.

Alford & Gates and Geo. W. Ward, for appellant.

Huff & Pillsbury, for appellee.

REED, J.

Defendant is a mutual association, having no funds for the payment of death losses except such as may be realized from assessments on its members. It did not contract for the payment of a specified sum on the death of...