Richmond v. Johnson

• Decision Date: 02 December 1881
• Citation: 28 Minn. 447,10 N.W. 596
• Parties: RICHMOND, ADM'R, ETC., v JOHNSON, ADM'R, ETC., IMPLEADED, ETC.
• Court: Minnesota Supreme Court

28 Minn. 447

10 N.W. 596

RICHMOND, ADM'R, ETC.,vJOHNSON, ADM'R, ETC., IMPLEADED, ETC.

Supreme Court of Minnesota.

Filed December 2, 1881.

Appeal from order of district court, county of Hennepin.

F. B. Dodge, for respondent.

J. B. Brisbin, for appellant.

GILFILLAN, C.J.

This action was commenced against the Grand Lodge Ancient Order United Workmen of the state of Minnesota. As the association admitted the debt, and as it was claimed both by the plaintiff as administrator of the estate of Charles H. Richmond, deceased, and the present defendant, as administrator of the estate of Eva K. Richmond, deceased, this defendant was by interpleader substituted in the place of the original defendant. That defendant paid the debt into court, and left the present parties to contest their respective claims to it. The original defendant is a mutual benefit association, incorporated under the laws of this state. In May, 1878, Charles H. Richmond became, and, until his death, remained, a member of the association and complied with all the laws rules, and requirements thereof. The complaint alleges, and the answer admits, “that the object of said association, and the rights and privileges of membership therein, are set forth and defined in a constitution and by-laws provided and adopted for its government; that therein is provided a beneficiary fund, and the right and privilege of participation in the same upon compliance with the terms and requirements of said constitution, with the right to hold, dispose of, and fully control said benefit at all times.”

Upon Charles H. Richmond becoming a member a certificate of membership was issued to him, of which the essential portion is as follows: “That brother C. H. Richmond, a master-workman-degree member of Advance Lodge No. 6, of said order, located at Minneapolis, in the state of Minnesota, is entitled to all the rights and privileges of membership in the Ancient Order of United Workmen, and to participate in the beneficiary fund of the order to the amount of $2,000, which sum shall, at his death, be paid to his wife, Eva K. Richmond. This certificate is issued upon the express condition that said C. H. Richmond shall in every particular, while a member of said order, comply with all the laws, rules, and requirements thereof.”

Charles H. Richmond had his certificate in his sole possession till his death, and then it passed to his administrator. Eva K. Richmond died before Charles H., leaving a father, but no issue, and defendant is administrator of her estate. Charles H. died in February, 1881, leaving a mother, and brothers and sisters, but no issue, and plaintiff is his administrator. The question in the case is, was the right to participate...