Schmidt v. Modern Woodmen of Am.

• Decision Date: 10 January 1893
• Citation: 54 N.W. 264,84 Wis. 101
• Parties: SCHMIDT v. MODERN WOODMEN OF AMERICA.
• Court: Wisconsin Supreme Court

84 Wis. 101

54 N.W. 264

SCHMIDT

v.MODERN WOODMEN OF AMERICA.

Supreme Court of Wisconsin.

Jan. 10, 1893.

Appeal from circuit court, Winnebago county; George W. Burnell, Judge.

Action by Mary M. Schmidt against the Modern Woodmen of America on an insurance policy. From a judgment for defendant, plaintiff appeals. Affirmed.

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

The defendant is a fraternal benefit society, and as such issues certificates of life insurance to its members, entitling them, while in good standing in the fraternity, to participate in the benefit fund, in a sum not exceeding an amount specified in the certificate. The organization of the fraternity is a head camp, supposed to be the supreme head of the order, and numerous local camps. Casper Schmidt, the husband of the plaintiff, was a member of Pinery Camp No. 378, located at Oshkosh, and held a benefit certificate of life insurance therein for not exceeding $3,000, payable at his death (if he was then in good standing in the order) to his wife, the plaintiff. The rules of the defendant provided for making assessments upon members to pay death losses, of which notice should be given each member before the 10th day of every calendar month, by the local clerk of each order. The members are designated in the constitution and by-laws of the order as “Neighbors.” One of the rules is that each assessment is payable before the 1st day of the ensuing month, if notice thereof was given before the 10th day of the preceding month; and that, if the member fails to pay the same before the 1st day of the following month, he stands suspended, as far as the benefits of the fraternity are concerned, and during such suspension, although he remains a fraternal member, his benefit certificate is void. Another rule is as follows: “If all arrearages of every kind are paid in three months, and the clerk is satisfied that his health is not impaired, a neighbor shall thereby be restored, and his ownership certificate be made binding as soon as payment is received and recorded by the clerk. If the clerk has reason to believe that the health of the neighbor is impaired, he shall submit the matter to the camp, who shall decide the matter by a two-thirds vote.” An assessment for death losses was regularly made on or about April 1, 1889, of $1.60, that being the rate of assessment specified in the benefit certificate of Schmidt, and due notice thereof was given Schmidt before April 10th. The assessment was not paid. On May 7, 1889, Schmidt was taken seriously ill, became worse, and died on the 23d of the same month. Two days before his death a relative offered to pay the assessment, and another was made later to the clerk of the local camp; but the latter refused to accept payment, for the...