Stringham v. Dillon

• Decision Date: 18 August 1902
• Parties: STRINGHAM v. DILLON et al.
• Court: Oregon Supreme Court

69 P. 1020

42 Or. 63

STRINGHAM v. DILLON et al.

Supreme Court of Oregon

August 18, 1902

Appeal from circuit court, Multnomah county; A.F. Sears, Jr., Judge.

Action by Maud M. Stringham against Laura Dillon and another. From a judgment for defendant Dillon, plaintiff appeals. Affirmed.

This is a suit to determine the right of adverse claimants to a sum of money due on account of a certificate of mutual life insurance. The facts are that the Modern Woodmen of America is a corporation organized under the laws of the state of Illinois for the purpose, among others, of creating a fund from which is drawn a stipulated sum upon the death of a qualified member, payable to his beneficiary; that said corporation has a head camp at Rock Island, Ill., and local camps at other places in the states and territories including one at Portland, Or., known as "Oregon Fir Camp No. 5,085." Le Roy Stringham, on January 31, 1899 having applied for admission to said local camp, there was issued to him by said corporation benefit certificate No 495,341, for the sum of $2,000, payable, in the event of his death while a member in good standing, to his mother, the defendant Laura Dillon. This certificate contained, among other clauses, the following: "Provided, however, that all the conditions contained in this certificate and the by-laws of this society as the same now exist or may be hereafter modified or enacted shall be fully complied with." The by-laws of said society adopted in June 1897, and in force at the time Stringham became a member thereof, so far as material herein, contained the following "Sec. 43. Change in Beneficiaries. If a member in good standing at any time desires a change in the name of his beneficiary or beneficiaries, he shall pay to the camp clerk a fee of fifty cents, and deliver to him his benefit certificate, with the surrender clause on the back thereof duly filled out and executed by him, designating therein the change desired in the name of the beneficiary or beneficiaries. The execution of such surrender clause by the neighbor shall be in the presence of, and attested by, his camp clerk. *** The local clerk shall forward said certificate with said surrender clause indorsed thereon, and one-half of said fee of fifty cents, to the head clerk, who shall thereupon issue a new benefit certificate payable to the beneficiary or beneficiaries named in the surrender clause. *** No change in the designation of the beneficiaries shall be of binding force unless made in compliance with this section." In June, 1899, said section was re-enacted by the society as section 41 of its by-laws, with the following amendment as a modification thereof, to wit: "No change in the beneficiaries shall be effective until the delivery of the new certificate, and until such time the old certificate shall be held in force." This section was further amended and modified July 15, 1901, as follows: "No change in the designation of beneficiary or beneficiaries shall be effective until the old certificate shall have been delivered to the head clerk and a new certificate issued during the lifetime of the member, and until such time the old certificate shall remain in full force." Stringham and plaintiff were married May 19, 1901, and three days thereafter, at a regular meeting of Oregon Fir Camp, No. 5,085, at his request, the clerk thereof wrote her name in the surrender clause on the back of his certificate and he subscribed his name thereto. The clerk attested his signature, and informed him that a fee of 50 cents was prescribed for securing a change of a beneficiary, to which he replied, "I am not prepared to pay that to-night; will next Wednesday do?" The clerk answered, "Yes, that will do all right;" and the benefit certificate was left with him, but Stringham never paid the fee, and, having died July 28, 1901, the clerk on the following day voluntarily advanced 50 cents, which he sent with said certificate to the head clerk. The complaint, having set out in part the facts as hereinbefore stated, alleged that Stringham complied with all the rules and regulations of the order necessary to effect a change in his beneficiary; that at the time of his death he was a member in good standing in said corporation; that plaintiff within the time prescribed made due proof of his death, but that the defendant the Modern Woodmen of America declined to pay her the sum so stipulated; and that the defendant Laura Dillon claims some interest therein, but such claim is inferior to hers; and prays that said corporation be required to pay the sum of $2,000 to plaintiff, and that Mrs. Dillon be decreed to have no right to any part thereof. The corporation, admitting that it owed the sum demanded, but that it was unable to determine which party was entitled thereto, filed a bill of interpleader, and, having paid said sum into cour...