Trapp v. Sovereign Camp, Woodmen of World
Decision Date | 15 June 1918 |
Docket Number | 19940 |
Citation | 168 N.W. 191,102 Neb. 562 |
Parties | PRINCE L. TRAPP, APPELLANT, v. SOVEREIGN CAMP, WOODMEN OF THE WORLD, APPELLEE |
Court | Nebraska Supreme Court |
APPEAL from the district court for Douglas county:
GEORGE A. DAY, JUDGE. Affirmed.
AFFIRMED.
Vinsonhaler, McGuckin & Caldwell, for appellant.
McGilton, Gaines & Smith and D. E. Bradshaw, contra.
This is an action in equity brought by plaintiff to compel defendant, a fraternal beneficiary society, to issue and deliver to him a paid-up policy in the sum of $ 2,000, under the provisions of a by-law of defendant in force at the time the plaintiff became a member of the society. The by-law provided that every person joining the society, after reaching the age of 42 years and remaining a member thereof in good standing for a term of 20 years, "shall not thereafter be required to pay any assessment or dues and shall receive a paid-up certificate, payable at death to his designated beneficiary." There was judgment for defendant, and plaintiff appeals.
It is admitted that plaintiff fell within the class specified, and remained a member in good standing for the period mentioned, but the answer alleges that defendant was organized under the laws of the state of Nebraska; that under its articles of incorporation it was authorized to create a fund from which there should be paid upon the death of a member the proceeds of one assessment upon the surviving members, not exceeding the amount designated in his beneficiary certificate; that defendant had the right to issue beneficiary certificates to its members, the amount thereof to be paid upon the death of a member, but had no right or power to issue any other kind or class of certificate, and that the society never had the right under the law to issue a paid-up certificate; and that the by-law relied upon is ultra vires. There are other allegations in the answer, but it is unnecessary to set them out.
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