Supreme Lodge Knights of Pythias v. Trebbe

• Decision Date: 17 April 1899
• Parties: SUPREME LODGE KNIGHTS OF PYTHIAS v. TREBBE.
• Court: Illinois Supreme Court

179 Ill. 348

53 N.E. 730

SUPREME LODGE KNIGHTS OF PYTHIAS

v.TREBBE.

Supreme Court of Illinois.

April 17, 1899.

Appeal from appellate court, Fourth district.

Action by Matilda Trebbe against the Supreme Lodge Knights of Pythias. From a judgment for plaintiff, affirmed by the appellate court (74 Ill. App. 545), defendant appeals. Reversed.

Warwick M. Hough, for appellant.

M. Millard and F. C. Smith, for appellee.

PHILLIPS, J.

The appellee recovered a judgment for $3,000 against the appellant in the city court of East St. Louis, which, on appeal to the appellate court for the Fourth district, was affirmed, and an appeal is prosecuted to this court.

The order of Knights of Pythias was incorporated in 1870, under the laws of the District of Columbia, as the Supreme Lodge of the Knights of Pythias of the World. By an amendment to its certificate of incorporation in October, 1875, it was provided the supreme lodge should be and remain a body corporate for the term of 20 years. A further amendment, dated in March, 1882, authorized the establishment of the endowment rank, to be governed by such laws as to the said supreme lodge may seem proper. Subsequently, in June, 1894, by a special act of congress the Supreme Lodge Knights of Pythias was incorporated as a fraternal and benevolent association. The endowment rank was the insurance branch of the order, and it was provided that it should be governed by such laws as the supreme lodge may enact or authorize. The supreme lodge created the board of control, which was given entire charge of the endowment rank, and that board was authorized to establish a table of rates for insurance of its members, to make special assessments when necessary, and to make, alter, and amend all laws pertaining to the endowment rank, and to issue certificates therein.

At the eighteenth convention of the Supreme Lodge Knights of Pythias, held at Washington, D. C., August 28 to September 8, 1894, the board of control made a report of having adopted for the government of the endowment rank a law with reference to the suicide of one holding a certificate of insurance in the order. The law passed by the board was substantially as follows: ‘If the death of any member of the endowment rank heretofore admitted into the first, second, third, or fourth classes, or hereafter admitted, shall result from self-destruction, either voluntary or involuntary, whether such member shall be sane or insane at the time, or if such death shall be superinduced by the use of intoxicating liquors, narcotics, or opiates, or in consequence of a duel, or at the hands of justice, or in violation, or attempted violation, of any criminal law, then, in such case, the certificate issued to such member, and all claims against said endowment rank on account of such membership, shall be forfeited.’ The report was referred to a committee of the endowment rank, who reported they had ‘given the same careful consideration in every respect, and fully concur and approve of the legislation, in all details, enacted by said board for the government of the endowment rank.’ That report was subsequently adopted by the supreme lodge on a viva voce vote.

The board of control was in existence prior to the 1st day of January, 1889. On the 19th day of August, 1889, G. H. Trebbe filed an application to become a member of the endowment rank, and his application contained the following provision: ‘I hereby agree that I will punctually pay all dues and assessments for which I may become liable, and that I will be governed, and this contract shall be controlled, by all the laws, rules, and regulations for the order governing this rank now in force, or that may hereafter be enacted by the Supreme Lodge Knights of Pythias of the World, or submit to the penalties therein contained; to all of which I willingly and freely subscribe. Dated at East St. Louis this the 19th day of August, 1889. G. H. Trebbe.’ The president of the board of control, on that application, issued a certificate, which contained the following provisions: ‘This certifies that Brother G. H. Trebbe received the obligation of the endowment rank of the order of Knights of Pythias in section No. 324 on September 6, 1889, and is a member in good standing in said rank; and in consideration of the representations and declarations made in his application, bearing date of August 19, 1889 (which application is made a part of this contract), and the payment of the prescribed admission fee, and in consideration of the payment hereafter to said endowment rank of all assessments as required, and the full compliance with all laws governing this rank now in force or that may hereafter be enacted, and shall be in good standing under said laws, the sum of $3,000 will be paid by the Supreme Lodge of Knights of Pythias of the World to Matilda Trebbe, his wife, as directed by said brother in his application, or to such other person or persons as he may subsequently direct by change of beneficiary entered upon the records of the supreme secretary of the endowment rank, upon due notice of proof of death and good standing in the rank at the time of death, and surrender of this certificate: provided, however, that the interest of any beneficiary, as designated by said brother, or the interest of his or her heirs, shall cease and determine in case of the death of said beneficiary during the lifetime of such member, and in that case the benefit accruing under this certificate shall be paid as provided for in article 12, section 1, of the endowment rank constitution: provided, further, that if, at the time of the death of said brother, the proceeds of one assessment on all members of the endowment rank shall not be sufficient to pay in full the maximum amount of endowment held under this certificate, then there shall be paid an amount, less ten per cent. for expenses, equal to the proceeds of one full assessment on all remaining members of the endowment rank, and the payment of such sum to the beneficiary or beneficiaries mentioned herein shall be in full of all claims and demands under and by virtue of this certificate. And it is understood and agreed that any violation of the within-mentioned conditions, or the requirements of the laws in force governing this rank, shall render this certificate and all claims null and void, and that the said supreme lodge shall not be liable for the above sum or any part thereof. In witness whereof we have hereunto subscribed our names and affixed the seal of the Supreme Lodge Knights of Pythias of the World. Issued this 17th day of September, 1889, pp. xxvi., at Chicago, Illinois, and registered in book 2, folio 168. [Seal.] J. A. Hinsey, Pres. Board of Control. Attest: W. B. Kennedy, Supreme Sec. Endowment Rank.’ And the certificate was accepted by the applicant, as follows: ‘I hereby accept this certificate of membership, subject to all the conditions therein contained. G. H. Trebbe. Attest: Frank Martin, Sec. Section No. ___, E. R.’

The endowment...