Stylow v. Wis. Odd Fellows' Mut. Life Ins. Co.

• Decision Date: 20 September 1887
• Citation: 34 N.W. 151,69 Wis. 224
• Parties: STYLOW v. WISCONSIN ODD FELLOWS' MUT. LIFE INS. CO.
• Court: Wisconsin Supreme Court

69 Wis. 224

34 N.W. 151

STYLOW

v.WISCONSIN ODD FELLOWS' MUT. LIFE INS. CO.

Supreme Court of Wisconsin.

September 20, 1887.

Appeal from circuit court, Jefferson county.

Harlow Pease, for Stylow, respondent.

Geo. W. Bird, for the company, appellant.

TAYLOR, J.

This action was brought to recover $1,000 upon a certificate of insurance in the appellant company, No. 62, duly issued to F. Stylow, the husband of the respondent. The respondent was named the beneficiary in said certificate. F. Stylow died October 29, 1885. Said Stylow was, on the thirtieth of November, 1880, a member in good standing in Washington Lodge, No. 77, of the Wisconsin Odd Fellows, and as such member was entitled to become insured by the Wisconsin Odd Fellows' Mutual Life Insurance Company, and on that day a certificate of membership was issued to him, numbered 72, by which he became insured in the sum of $1,000 in said insurance company, payable to the respondent 90 days after due proof of his death. On October 30, 1883, this certificate No. 72 was surrendered to the company, and certificate No. 62 was issued to him in its place. The reason for this change was that at this time a different system of insurance by the company was inaugurated. The new certificate insured the deceased for the same sum, $1,000, payable after his death to the respondent. The complaint alleges all the material facts which would, if proved, entitle the plaintiff to recover. And the answer admits all the material facts, except the notice of proofs of the death of the insured, and sets up as defense to the action the following alleged facts, viz.: “That the by-laws and regulations of the company, both in 1880 and 1883, required that each applicant for membership in this insurance company should agree in his application for membership that he would make punctual payment of all assessments which he should become liable to pay, and that a neglect to pay any such assessments, within sixty days after notice thereof, should vitiate the certificate of membership, and forfeit all payments made, and all rights accrued thereunder.” The answer further alleges that the assured made his application for insurance in accordance with the rules and regulations; that his certificate of 1880, as well as the certificate of 1883, was issued and accepted by him subject to such rules, etc.; and that said F. Stylow had before his death forfeited all his rights under said certificate No. 62, by failing to pay two assessments made against him, within 60 days after due notice of the same as required by said rules, regulations, and by-laws of said company; that one of said assessments, numbered 17, was made on the fifteenth of July, 1885, the other on the tenth of August, 1885; that notices of such assessments were duly given to the said Stylow on the same day upon which they were made; and that the same remained wholly unpaid at the death of said Stylow.

The only question on the trial in the circuit court was whether the neglect to pay the assessments as set out in the answer was a defense to the action. On the trial, among other things, the following by-laws of the company were given in evidence:

“Sec. 4. If any member fails to pay the secretary any assessment made upon him within sixty days from date of notice issued by the secretary, his membership shall cease, and he can be reinstated only upon the terms fixed by the by-laws.”

“Sec. 21. Any member of this company who is not more than one year in arrears may, if he is in good health, be reinstated on paying all assessments due, and, if more than one year in arrears, and not over sixty years of age, can only be reinstated by furnishing a physician's certificate of good health, and paying the sum of $15. A physician's certificate may be required in all cases of reinstatement.”

The receipts given upon the payment of the assessments made after the new certificate of membership was issued in 1883, had appended to them the following: “It is hereby understood that in case the assured is...