Supreme Lodge Knights of Pythias v. Robbins

• Decision Date: 22 March 1902
• Parties: SUPREME LODGE KNIGHTS OF PYTHIAS v. ROBBINS
• Court: Arkansas Supreme Court

67 S.W. 758

70 Ark. 364

SUPREME LODGE KNIGHTS OF PYTHIAS v. ROBBINS

Supreme Court of Arkansas

March 22, 1902

Appeal from Pulaski Circuit Court, ROBERT J. LEA, Judge.

Affirmed.

STATEMENT BY THE COURT.

On the 25th day of November, 1885, the Supreme Lodge Knights of Pythias issued to Hiram Robbins a certificate of membership in the endowment rank of the order of Knights of Pythias, in which certificate there is the following stipulation "In consideration of the payment to the endowment rank of the prescribed fee and of all monthly payments as required, and the full compliance with all the laws governing this rank now in force or that may hereafter be enacted, and that he shall be in good standing under such, the sum of $ 2,000 will be paid by the Supreme Lodge Knights of Pythias of the World to Mrs. Elizabeth Robbins, wife, as directed by said brother in his application. * * * 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 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. John Van Valkenberg, Supreme Chancellor. Attest: R. E. Cowan, Supreme Keeper of Records and Seal."

Robbins remained a member of the endowment rank until his death, in 1898. Afterwards his wife, Elizabeth Robbins, brought this action against the Supreme Lodge Knights of Pythias to recover the $ 2,000 claimed to be due upon the certificate or policy of insurance above referred to. The defendant appeared, and alleged that sometime before the death of Robbins a law was enacted by the Supreme Lodge Knights of Pythias which provided, among other matters, that "if the death of any member of the endowment rank shall be caused or superinduced by the use of intoxicating liquors narcotics, or opiates, then the amount to be paid upon such member's certificate shall be the sum only in proportion to the whole amount as the matured life expectancy is to the entire expectancy at date of admission to the endowment rank," etc. And further alleged that the death of Hiram Robbins was caused, superinduced and brought directly about by the use of intoxicating liquors and the use of chloral and other narcotics and opiates; by reason of which fact defendant alleged the amount due upon the policy was only $ 1,020, which sum it had tendered to plaintiff, and she had refused to accept same, whereupon it asked judgment.

On the trial defendant offered the deposition of Henry B. Stolte as evidence. He states in his deposition that he was a member of the endowment rank Knights of Pythias, and that he was secretary of the board of control of that rank. After explaining that the endowment rank was the insurance branch of the order of Knights of Pythias, and that it was created by the supreme lodge, and governed by a board of control elected by the supreme lodge, under the laws passed by the supreme lodge, he was asked the following question: "If a member of the endowment rank Knights of Pythias die from the use of intoxicating liquors, chloral or other narcotics or opiates, what is the law of the Supreme Lodge of Knights of Pythias Endowment Rank in reference to the amount to be paid to the beneficiary under the certificate so issued to such member? Set out the law in full, and give the page of the constitution and laws of the order where it is found." Answer. "In case of death from causes stated, the law of the endowment rank Knights of Pythias in reference to the amount to be paid to the beneficiary of the member dying from such causes is 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 suicide, either voluntary or involuntary, whether such member shall be sane or insane at the time, or if such death shall be caused or 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 the amount to be paid upon such member's certificate shall be a sum only in proportion to the whole amount as the natural life expectancy is to the entire expectancy at date of admission to the endowment rank: the expectation of life based upon the American Experience Table of Mortality in force at the time of such death to govern. This law is section 1 of article 6 of the general laws, rules and regulations of the endowment rank, and will be found on page 41 of the printed pamphlet attached to my deposition, marked 'Exhibit A.' "He further testified that the law was regularly enacted by the Supreme Lodge Knights of Pythias in 1896, and was in force on the 21st day of June, 1897, and prior to that time. He also made the following statement "The pamphlet attached to my deposition is an official publication of the constitution and general laws of the endowment rank in force from September, 1892, to the present time, with amendments as set forth in the official promulgation at the beginning of the pamphlet." The pamphlet to which witness refers has attached to it a printed certificate that it contains a true copy of the constitution general laws, rules and regulations of the endowment rank. The certificate closes as follows: "The board of control hereby promulgates the amended constitution and general laws, rules and regulations as aforesaid. J. A. Hinsey, President; W. W. Blackwell, W. H. Loomis, Board of Control. Thomas S. Sample, Supreme Chancellor, Ogden H. Fethers, Supreme Vice Chancellor, Ex-Officio Members of Board of Control. Attest: H. B. Stolte, Secretary Board of Control." The names as well as certificate are printed. The defendant also introduced Fred Rossner as a witness, but his evidence and other facts are sufficiently stated in the opinion.

The court, on motion, excluded the testimony of both these witnesses as to the laws, rules and records of the defendant company set out before. The defendant thereupon moved for a continuance on the ground of surprise, but the court overruled the motion, and, neither party offering further evidence, the court directed a verdict for plaintiff for $ 2,000, with 6 per cent. interest from the commencement of the action, and gave judgment accordingly. The defendant appealed.

Judgment affirmed.

DeE. Bradshaw and T. E. Helm, for appellant.

It was error to refuse to allow the officials of the order to testify as to the by-law of the lodge. 12 Ark. 672; 50 N.Y. 480; 44 A. 495; 46 N.E. 61; 9 Am. & Eng. Enc. Law, 890; 38 A. 347; 71 Conn. 719; 24 Conn. 591; 11 Wend. 605; 26 La. 738; 19 Ill. 510; 18 Ga. 318; 7 Houst. 471. The court erred in overruling defendant's motion for a continance, based on the ground of surprise. 2 J. J. Marsh. 26; 64 Tex. 385; 2 Ark. 45; 26 Ark. 496; 9 B. Mon. 5; 55 Ark. 567; 57 Ark. 60; 66 Ark. 12; 67 Ark. 47; 54 N.Y. 397; 2 Graham & Waterman, New Trial, 675; 2 J. J. Marsh. 515; 41 Cal. 461; 4 B. Mon. 4-5; 29 Cal. 605; 67 N.Y. 120; 50 Tex. 371; 26 Ark. 502; 41 Ark. 229.

Dodge & Johnson, and Carroll & Pemberton, for appellee.

There was no error in the exclusion of the evidence of the witnesses as to the by-law. The best evidence thereof was required. 1 Greenl. Ev. §§ 82, 83, 86; 20 Wall. 246; 9 Wheat. 277; 10 Bing. 395; 2 Esp. 549; 79 Ala. 246; 12 F. 924; 15 Vroom, 451; 53 Ind. 82; 16 Gray, 530. The records of the corporation are prima facie evidence of its proceedings, and should be produced as the best evidence thereof, and so long as they exist parol evidence thereof is not admissible. 53 Ind. 82; 16 Gray, 530; 10 Johns. 154; 5 Wheat. 420; Tayl. Corp. §§ 263, 391; 12 Wheat. 74; 74 Ind. 319; 13 N.H. 535; 6 Wend. 656; 99 N.Y. 602; 1 Wood & N. 106; 42 Cal. 465; 84 La. 219; 13 Ill. 561; 838 La. 871; 66 Me. 100; 6 Cush. 279; 1 Doug. 282; 14 Minn. 43; 1 How. 479; 36 N.H. 45; 22 N.J.L. 424; 126 N.Y. 113; 2 Mill, 213; 4 Rand. 578; 17 Me. 440; 25 Me. 354; 76 Ga. 461; 7 Ark 118; 11 Ark. 349; 26 Ark. 164; 35 Ark. 75; 12 Ark. 672; 50 N.Y. 48; 44 A. 495; 81 Hun., 490; 29 S.C. 560; 21 Ore. 25; 14 Hun., 256; 5 P. 702; 17 Ind. 516; 10 Johns. 154.

RIDDICK J. BUNN, C. J., and BATTLE, J., dissent.

OPINION

RIDDICK, J., (after stating the facts.)

This is an action on an insurance policy issued by the Supreme Lodge Knights of Pythias, a fraternal association. The policy contained the condition that the assured should comply with all the laws governing the endowment rank of Knights of Pythias now in force or that may hereafter be enacted. The defendant set up as a defense, and undertook to show, that subsequent to the issuance of this policy the Supreme Lodge Knights of Pythias passed a law providing if the death of any member of the endowment rank shall be caused or superinduced by the use of intoxicating liquors, narcotics, or opiates etc., then only a certain proportional amount of the policy should be paid, and further that the death of Robbins was caused by the use of intoxicating liquors and narcotics. To prove this law the defendant introduced two witnesses, Stolte and Rossner. Of Rossner's evidence it is sufficient to say that the defendant undertook to identify and prove by him a certain pamphlet or book offered in evidence as the printed copy of the records of the proceedings of the Supreme Lodge Knights of Pythias for the years 1896 and 1898. Rossner stated on cross-examination that he had not compared the copies offered with the original records, and did not know of his own knowledge whether such laws had been passed, or whether the pamphlet offered was a correct copy...