Sabin v. Senate of the National Union

• Decision Date: 05 February 1892
• Citation: 90 Mich. 177,51 N.W. 202
• Court: Michigan Supreme Court
• Parties: SABIN v. SENATE OF THE NATIONAL UNION.

51 N.W. 202

90 Mich. 177

SABIN v. SENATE OF THE NATIONAL UNION.

Supreme Court of Michigan

February 5, 1892

Error to circuit court, Wayne county; GEORGE S. HOSMER, Judge.

This was an action by Christine Sabin against the Senate of the National Union to recover upon a certificate of insurance. There was judgment for defendant, and plaintiff appeals. Affirmed.

A C. Raymond, (Brennan & Donnelly, of counsel,) for appellant.

Sellers & Sellers, for appellee.

MORSE C.J.

On the 21st day of December, A. D. 1887, Oren T Sabin, plaintiff's intestate, became a member of Griswold Council, No. 15, National Union, located at Detroit, Mich. The deceased was one of the charter members of the council and was present on the night the council was organized and instituted, which occurred on the 16th day of November of the same year; but the certificate of insurance was not issued until the 21st day of December, A. D. 1887, from which date Sabin actually became a member. On the night that the council was instituted, the deceased, with the other charter members of the council, had their attention called to the constitution and laws governing the National Union, and especially section 10 of law 5 of the constitution, and laws relative to suicides. The benefit certificate issued to Sabin was granted upon the express condition that all statements and representations made by Sabin in the application to procure membership in the council, and statements made to the medical examiner, were true, and that the same were made a part of the contract, and upon the further consideration that said Sabin strictly comply in the future with the laws rules, and regulations controlling said benefit fund, or that shall hereafter be enacted by the senate to govern said council and fund. "If these conditions are faithfully complied with, the Senate of the National Union hereby promises and agrees to pay out of its benefit fund to Christine (Sabin's wife) two thousand dollars, ($2,000,) pursuant to the provisions of the laws of this order governing said fund, upon sufficient proof," etc. When Sabin became a member of the National Union, on the 21st day of December, 1887, section 10, law 5, was in force, and had been in force from August 1, 1885, and there had been no amendment thereto with reference to suicides since that section of the law was enacted. Section 10 of law 5 of the constitution and laws of the National Union reads as follows: "No benefit shall be payable on account of the death of any member while engaged in mob, riot, or insurrection, or while violating the laws of the land, or by the hands of justice, or while in the military or naval service in time of war. Members of state military organizations, when acting under orders, not to be included in this prohibition. And no benefit whatever shall be paid upon the death of a member who commits suicide within two years after becoming a beneficial member, whether the member at the time of committing suicide be either sane or insane." Sabin was a member of the board of...