Supreme Council of American Legion of Honor v. Getz

• Decision Date: 04 December 1901
• Parties: SUPREME COUNCIL OF AMERICAN LEGION OF HONOR v. GETZ.
• Court: U.S. Court of Appeals — Third Circuit

112 F. 119

SUPREME COUNCIL OF AMERICAN LEGION OF HONOR v. GETZ.

United States Court of Appeals, Third Circuit.

December 4, 1901

Murdock Kendrick, for plaintiff in error.

John M Vanderslice, for defendant in error.

Before ACHESON and GRAY, Circuit Judges, and KIRKPATRICK, District judge.

KIRKPATRICK District Judge.

The record in this case shows that Peter C. Getz, on the 7th day of April, 1888, became a companion of the Supreme Council of the American Legion of Honor, and as such made application for sixth-degree membership to Welcome Lodge, No. 1,062, of the order, located in Philadelphia, Pa., and, having complied with the requirements of the order, received a benefit certificate as a statement of the contract existing between himself and the said supreme council. The certificate sets out that in consideration of full compliance with all the laws of the Supreme Council of the American Legion of Honor now existing or hereafter adopted, and the condition herein contained, the Supreme Council of the American Legion of Honor thereby agreed to pay to Clara L. Getz, wife, $5,000 upon satisfactory proof of death, while in good standing upon the books of the said supreme council, of the companion therein named, subject, however, to certain restrictions none of which, save the third, relating to sick benefits, are applicable to the case at bar. It appears that the said Peter C. Getz died November 15, 1900, while in good standing upon the books of the said supreme council, and that he had complied with all the by-laws that were to be performed on his part, and that prima facie his widow, Clara L. Getz, who brings this suit, was entitled to recover the sum of $5,000, stipulated for in the contract, less a small sum admitted to have been paid as a sick benefit.

The affidavit of defense sets up two matters which the defendant claims are a bar to the plaintiff's recovery. It alleges that at the fourteenth regular session of the defendant at Atlantic City, N.J., in August, 1900, the defendant regularly, duly, and legally adopted an amendment to its by-laws, to be thereafter known as by-law 55, Laws American Legion of Honor, which reads as follows: 'Two thousand dollars shall be the highest amount paid by the order on the death of a member on any benefit certificate heretofore or hereafter issued. * * * ' That this by-law went into force November 1, 1900, a few days prior to the death of Peter C. Getz. The defendant says that because at the time said Getz made application to become a member of defendant association he agreed to conform in all respects, and be bound by the then existing laws, and all future adopted amendments and enactments, no larger sum can be recovered than the $2,000 mentioned in said by-laws, notwithstanding the contract calls for...