The Ill. Masons' Benevolent Soc'y v. Baldwin
| Decision Date | 30 September 1877 |
| Parties | THE ILLINOIS MASONS' BENEVOLENT SOCIETYv.ELIZABETH BALDWIN. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Woodford County; the Hon. JOHN BURNS, Judge, presiding. This was an action of debt on the following instrument:
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¦Class 2. ¦Age 36. ¦No. 456. ¦
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This certificate of membership witnesseth that the Illinois Masons' Benevolent Society, in consideration of the representations made to it in the application of membership and the sum of six dollars to it in hand paid, by Albert G. Baldwin, of Minonk, Illinois, and the sum of ninety-five one-hundreths dollars, to be paid by the said Albert G. Baldwin, within ten days after due notice has been served upon him of the death of a member of this society; the sum of ninety cents to be paid upon the death of each member of the society, so long as the said Albert G. Baldwin shall belong to the first class; and the sum of ninety-five cents upon the death of each member of the society, so long as he shall belong to the second class; and the sum of one dollar and fifteen cents upon the death of each member of the society, so long as he shall belong to the third class; and the sum of one dollar and eighty cents upon the death of each member of the society, so long as he shall belong to the fourth class, do promise and agree to and with the said Albert G. Baldwin, his heirs, executors, administrators, and assigns, well and truly to pay, or cause to be paid, to Elizabeth Baldwin, his wife, or the legal representatives of the said Albert G. Baldwin, within thirty days after due notice and satisfactory evidence of the death of the said Albert G. Baldwin, and proof of interest of assignment, or held as security, the sum of seventy cents for every member of the society belonging to the first class (as shown in the margin of the certificate), at the time of the death of said Albert G. Baldwin; and the sum of seventy-five cents for every member of the second class; and the sum of ninety-five cents for every member of the third class; and the sum of one dollar and sixty cents for every member of the fourth class. And it is also understood and agreed, that if the said Albert G. Baldwin shall not pay the assessment herein before named, on or before the time mentioned for the payment thereof, or in case the said Albert G. Baldwin shall, without the consent of this society, previously obtained in writing, engage in any military or naval service whatever in time of war or rebellion, then this certificate shall be null, void, and of no effect.
In witness whereof the Illinois Masons' Benevolent Society has caused its corporate seal to be hereunto affixed, and these presents to be signed by its president and secretary, at Princeton, this twentieth day of May, 1872.
1st Class, those from 21 to 30 years of age.
2d Class, those from 31 to 40 years of age.
3d Class, those from 41 to 50 years of age.
4th Class, those from 51 to 60 years of age.
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¦ASSESSMENT TO BE MADE UPON THE DEATH OF A MEMBER.¦ ¦
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¦1st Class ¦$ .90¦
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¦2d Class ¦.95 ¦
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¦3d Class ¦1.15 ¦
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¦4th Class ¦1.80 ¦
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Proof was made that Albert G. Baldwin died December 6, 1874, and that there were then members of the society issuing the certificate as follows: first class, 568; second class, 1,877; third class, 1,677; and fourth class, 636.
Defense was interposed, by proper pleas, that Baldwin had failed to make payment of various assessments made upon him on account of the deaths of members of the society, and that he thereby ceased to be a member of the society, and the certificate given him was forfeited.
Judgment was rendered for the plaintiff for $4,416.10, debt, and $264.96 damages.
The defendant appealed. The other facts material to an understanding of the decision sufficiently appear in the opinion. Mr. GEORGE O. IDE, for the appellant.
Messrs. BARNES & MUIR and Mr. W. C. SIMPSON, for the appellee.
It is unnecessary to notice the question of variance, discussed, between the pleadings and evidence, since we are satisfied the judgment below is wrong, irrespective of that question. A by-law of appellant that was in force when Baldwin presented his application to become a member of the society, and which has, without substantial change, remained in force ever since, is as follows:
“Sec. 1. Upon the death of a member of the society, the secretary shall send by mail, to the postoffice address of each member of the society, a notice, giving the name of the deceased member, and the lodge or other Masonic body to which he belonged, and the assessment due from each member to whom such notice is sent; or the secretary may employ a suitable person, a Mason and a member of the society, in each town or city where the members reside, who shall act for the secretary in serving such notices, either personally or by mail; which notice so sent or served shall be deemed and taken to be a lawful and sufficient notice for the payment of the assessment so called for and required, and any member failing to pay such assessment within ten days after such notice has been served upon him shall forfeit his membership in the society and all benefits therefrom.
Sec. 2. Any member having forfeited his membership by failing to pay such assessment may make application in writing to the Board of Directors of the society, within thirty days after such default was first made, and may, upon the payment of all arrearages, be reinstated to membership by unanimous vote of the Board of Directors.”
In Baldwin's application for membership he...
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