Supreme Commandery v. Donaghey

• Decision Date: 02 March 1909
• Citation: 75 N.H. 197,72 A. 419
• Parties: SUPREME COMMANDERY, U. O. G. C v. DONAGHEY et al.
• Court: New Hampshire Supreme Court

72 A. 419

75 N.H. 197

SUPREME COMMANDERY, U. O. G. C

v. DONAGHEY et al.

Supreme Court of New Hampshire. Hillsborough.

March 2, 1909.

Transferred from Superior Court, Hills Dorough County.

Bill of interpleader by the Supreme Commandery, United Order of the Golden Cross, against Rose Donaghey and others. Case transferred from the superior court. Case discharged.

The case is the same as that reported in 74 N. H. 466, 69 Atl. 263. Since the first opinion was filed the plaintiff has paid the amount of the McKean death benefit into court, and the facts on which the rights of the several claimants of the fund are based have been found.

John C. Bickford, for plaintiff. Henry N. Hurd, for defendant Donaghey. L. Ashton Thorpe, for defendant McKean's administrator. Lee C. Abbott, for defendants McKean's heirs.

WALKER, J. In the act relating to fraternal beneficiary societies it is provided that "payment of death benefits shall be to the families, heirs, blood relatives, affianced husband or affianced wife, or to persons dependent upon the member" (Laws 1895, p. 440, c. 86, § 1); and the same provision occurs in the laws of the plaintiff association. From the evidence submitted the court found as a fact that Rose Donaghey was a member of the "family," but not a "dependent upon the member." Evidently the word "families," as used in the statute and laws of the association, refers to the families of the members. Was Mrs. Donaghey a member of the deceased's family at the time of his death?

It is conceded that she was not a relative of his. Their relations were merely those of friends. It appears that from November, 1900, to the time of his death in March, 1907, he lived with the Donagheys at their home. He paid no board or room rent, and there is no evidence that they were in any respect dependent upon him. The fact seems to be that he lived in their family as a boarder; for, while he did not pay them for his board, they expected to be compensated therefor, and upon his decease Mr. Donaghey, the head of the family, filed with his administrator a claim for his board, covering the period of his residence in the family. His status was either that of a boarder or a visitor in the family of a friend, none of whose members were relatives of his, and none of whom were dependent upon him. The Donagheys had no insurable interest in his life, except upon the ground that they were his creditors. But under section 10, c. 86, Laws 1895, this money cannot be taken to pay...