Supreme Tent, Knights of M. of the World v. Altmann

• Decision Date: 15 December 1908
• Citation: 134 Mo. App. 363,114 S.W. 1107
• Parties: SUPREME TENT, KNIGHTS OF THE MACCABEES OF THE WORLD, v. ALTMANN et al.
• Court: Missouri Court of Appeals

114 S.W. 1107

134 Mo. App. 363

SUPREME TENT, KNIGHTS OF THE MACCABEES OF THE WORLD, v. ALTMANN et al.

St. Louis Court of Appeals. Missouri.

December 15, 1908.

1. INSURANCE (§ 780) — MUTUAL BENEFIT INSURANCE — RIGHT TO CHANGE BENEFICIARY.

Rev. St. 1899, § 1417 (Ann. St. 1906, p. 1116), expressly authorizes the holder of a fraternal beneficiary certificate to designate a new beneficiary.

2. INSURANCE (§ 783) — MUTUAL BENEFIT INSURANCE — RIGHT TO CHANGE BENEFICIARY.

Under Rev. St. 1899, § 1417 (Ann. St. 1906, p. 1116), providing that no contract between a fraternal association member and his beneficiary that the beneficiary shall pay the member's assessments or dues shall give the beneficiary a vested right in the certificate nor prevent the member from changing beneficiaries, that the first beneficiary had the certificate in her possession and paid the assessments due thereon does not affect the rights of a substituted beneficiary.

3. BENEFICIAL ASSOCIATIONS (§ 5) — BY-LAWS — REPEALS.

Repeals of beneficial associations by-laws by implication are not favored.

4. BENEFICIAL ASSOCIATIONS (§ 5) — BY-LAWS — REPEAL.

A beneficial association's code provision repealing all inconsistent acts extends only to those acts on the same subject, and repeals only such of them as the legislative body manifestly intended to repeal. 5. INSURANCE (§ 693) — BENEFICIAL ASSOCIATIONS — BY-LAWS — REPEAL.

Under a beneficial association's revised code provision repealing all inconsistent provisions, a section carried forward giving members an unrestricted right to change beneficiaries repeals a section not carried forward prohibiting a member whose certificate is payable to his wife or dependent children from changing beneficiaries except as between the wife and children, except, etc.

6. INSURANCE (§ 784) — MUTUAL BENEFIT INSURANCE — CHANGE OF BENEFICIARY.

When a beneficial association's laws permit a change of beneficiary and a member does all he can to comply therewith, equity will carry out his intentions and award the fund to the new beneficiary, though the association has neglected or refused to issue the new certificate.

7. INSURANCE (§ 784) — MUTUAL BENEFIT INSURANCE — CHANGE OF BENEFICIARY — MEMBER'S ACTS — SUFFICIENCY.

Under a beneficial association's by-laws requiring a member desiring to change beneficiaries to surrender the old certificate and request the change in writing, and providing that, when the certificate is lost or in the possession of the beneficiary or any other person who refuses to deliver it to the member, the member shall make an affidavit setting forth the facts, a member sufficiently exercised his right to change beneficiaries where he substantially complied with the by-laws, though he never requested the first beneficiary to surrender the certificate; it being fairly inferable in the circumstances that she would not have surrendered it upon request.

Appeal from St. Louis Circuit Court; Jas. E. Withrow, Judge.

The Supreme Tent, Knights of the Maccabees of the World, paid the amount due under a beneficiary certificate into court, and Anna Altmann and Antonia Emmerich interpleaded therefor. From a decree for Altmann, Emmerich appeals. Reversed and remanded with directions.

Interplea between Anna Altmann, wife of Gustav Altmann, and Antonia Emmerich, his mother, for the proceeds of a beneficiary certificate of insurance issued to said Gustav Altmann by the Supreme Tent, Knights of the Maccabees of the World, a fraternal beneficiary association, incorporated under the laws of the state of Michigan and authorized to do business in Missouri. The facts are that there was due to Gustav Altmann, or his beneficiary on his death, February 6, 1907, the sum of $857.14. This sum, by the consent of all parties to the proceeding, was paid into court by the association, and Anna Altmann and Antonia Emmerich, rival claimants for the fund, were permitted to interplead therefor. Anna Altmann, wife of Gustav Altmann, was named as beneficiary in the certificate of insurance and the fund belongs to her, unless Gustav Altmann changed his beneficiary to his mother, in accordance with the by-laws of the association. The evidence shows that Gustav Altmann delivered the certificate to his wife at or about the time of their marriage, and that she retained it and had it in her possession at the time of her husband's death, and had never been requested by her husband to surrender it to him. The evidence also shows that from the time she received the certificate she paid the dues and assessments levied against her husband by the association. Gustav Altmann was a consumptive, and was an invalid for two or three years before his death, and it seems he and his wife lived apart from each other, and that he either brought suit or was contemplating bringing suit against her for divorce. The evidence shows that at the expiration of each four-year period the association amended its by-laws and promulgated a new code of laws. Such a code was adopted and promulgated in 1901 and also in July, 1904. In respect to the designation of a new beneficiary, the codes of 1901 and 1904 contain the following by-laws:

"Sec. 359. Change of Beneficiary. — A member desiring to change the beneficiary in his life benefit certificate shall surrender his old certificate, make a written request in the form provided on such certificate directing that a new certificate be issued to him payable to such beneficiary or beneficiaries as he may designate in accordance with the laws of the Association, and deliver such certificate with the request for change and a fee of fifty cents to the record keeper of his tent.

"Sec. 360. Issue of New Certificate. — The record keeper shall forward such certificate, the request for change, and the fee therefor to the Supreme Record Keeper, who shall thereupon issue a new certificate to such member, bearing the same number as the one surrendered, if the request is in accordance with the laws of the Association and all other conditions have been complied with.

"Sec. 361. Lost Certificate. — When a life benefit certificate is lost or is in the possession of the beneficiary, or any other person who refuses to deliver it to the member, such member, in order to change his certificate, shall make affidavit setting forth the facts and deliver the same with his request for change and a fee of fifty cents to the record keeper of the tent, who shall forward them to the Supreme Record Keeper.

"Sec. 362. When Change of Beneficiary Takes Effect. — The change of beneficiary shall take effect upon delivering to the record keeper of a tent the life benefit certificate or the proof of loss, if the certificate is lost, with the written request for change thereon, as provided in the laws of the association, and the fee of fifty cents."

The following section appears in the code of 1901, but was omitted from the code of 1904: "Sec. 517 (Revised Laws, Edition of 1901). A member whose certificate is made payable to his wife or dependent children, shall not have the right to designate any other beneficiary or beneficiaries, except that he may change from wife to such children, or from such children to wife, or from wife and such children to wife or such children, except upon cause shown to the Supreme Commander and Supreme Record Keeper. Section 569 of the code of 1904 provides: "All laws,...