Sabin v. Phinney

• Decision Date: 01 October 1892
• Citation: 134 N.Y. 423,31 N.E. 1087
• Parties: SABIN v. PHINNEY et al.
• Court: New York Court of Appeals Court of Appeals

134 N.Y. 423

31 N.E. 1087

SABIN

v.PHINNEY et al.

Court of Appeals of New York, Second Division.

Oct. 1, 1892.

Appeal from supreme court, general term, fifth department.

Action by Ella A. Sabin against the Grand Lodge of the Ancient Order of United Workmen of the State of New York and Andrew S. Phinney, to recover the amount of a mutual benefit insurance certificate. From a judgment of the general term (8 N. Y. Supp. 185) affirming a judgment dismissing the complaint entered on the report of a referee, plaintiff appeals. Affirmed.

D. M. Page, for appellant.

G. N. Orcutt, for respondent.

The other facts fully appear in the following statement by FOLLETT, C. J.:

March 29, 1877, the Grand Lodge of the Ancient Order of United Workmen of the State of New York was incorporated by chapter 74 of the Laws of that year. This statute authorized the corporation to create subordinate lodges, and accumulate funds for the benefit of members. The fourth section of the act provides: ‘Sec. 4. Such beneficiary fund as may be ordained suitable by said corporation may be set apart and provided to be paid over to the families, heirs, or representatives of deceased or disabled members, or to such person or persons as such deceased member may, while living, have directed; and the collecting, management, and disbursement of the same, as well as the person or persons to whom, and the manner and time in which, the same shall be paid, on the death of a member, shall be regulated and controlled by the rules and by-laws of the corporation. * * *’ Among the by-laws of the corporation was the following: ‘Sec. 17. Any member holding a beneficiary certificate, desiring at any time to make a new direction as to its payment, may do so by authorizing such change in writing on the back of his certificate, in the form prescribed, attested by the recorder, with the seal of the lodge attached, and by the payment to the grand lodge of the sum of fifty cents; but no change or direction shall be valid, or have any binding force or effect, until it shall have been reported to the grand recorder, the old certificate, if practicable, filed with him, and a new beneficiary certificate issued thereon, and said new beneficiary certificate shall be numbered the same as the old certificate.’ Prior to March 22, 1879, a subordinate lodge was organized at Hornellsville, N. Y., and designated as ‘George Washington Lodge No. 132,’ of which John C. Sabin became a member, and on the 24th of March, 1879, received a certificate, of which the following is a copy; ‘No. 9,513. $2,000. The Grand Lodge of the Ancient Order of United Workmen of the State of New York: This certificate, issued by the authority of the Grand Lodge of the Ancient Order of United Workmen of the State of New York, witnesseth: That John C. Sabin, a master workman degree member of George Washington Lodge No. 132, of said order, located at Hornellsville, in the state of New York, 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 Ella A. Sabin. This certificate is issued upon the express condition that said John C. Sabin shall, in every particular, while a member of said order, comply with all the laws and rules and requirements thereof. In witness whereof, the Grand Lodge of the Ancient Order of United Workmen of the State of New York has caused this to be signed by its grand master workman and grand recorder, and the seal thereof to be attached, this 22d day of March, one thousand eight hundred and seventy-nine. [Seal of Grand Lodge.] Attest: J. G. ARMSTRONG, Grand Recorder. E. M. CLARK, Grand Master Workman. We, the undersigned master workman and recorder of George Washington Lodge No. 132, do hereby countersign this certificate, and attach the seal of this lodge hereto, rendering the same valid and in full force, this 24th day of March, 1879. [Seal of George Washington Lodge.] Attest: C. D. CRANDALL, Recorder. D. F. CRIDLER, Master Workman.’ Ella A. Sabin, mentioned in the certificate, was the wife of John C. Sabin. August 8, 1882, Ella A. Sabin became a member of the Bath Mutual Endowment Company, and procured a certificate therefrom, payable to John C. Sabin in case of her death. The firstmentioned certificate was delivered by the husband to the wife, and the second certificate by the wife to the husband; each intending by the certificates so issued and delivered to provide for the survivor. In May, 1883, the husband and wife separated by mutual consent, and thereafter never lived together. The husband paid the dues on both memberships or certificates until he and his wife separated. About the time of their separation the wife took possession of the certificate upon her life, and the husband of the certificate upon his life. The husband took the certificate issued upon his life without the consent of the wife, and she the certificate issued on her life without his consent. Afterwards John C. Sabin resolved not to keep said certificate in force for the benefit of his wife, and so informed the respondent, but at the same time expressed the desire...