Underwood v. Iowa Legion of Honor
| Decision Date | 24 April 1885 |
| Citation | 23 N.W. 300,66 Iowa 134 |
| Parties | UNDERWOOD v. THE IOWA LEGION OF HONOR |
| Court | Iowa Supreme Court |
Appeal from Hardin Circuit Court.
THE defendant is a corporation existing and doing business under the laws of Iowa. The plaintiff, in her petition, claimed that defendant obligated itself to pay her $ 2,000, as part of a beneficiary fund, upon the death of David Underwood. Trial to the court, judgment for the plaintiff, and defendant appeals.
AFFIRMED.
J. B Young, for appellant.
Stivers & Louthan, for appellee.
The business of the defendant is life insurance. In pursuance of certain rules and regulations, it bound itself to collect and pay a specified sum upon the death of each member of the order. The defendant is designated as the "Grand Lodge," and there are subordinate lodges. David Underwood was a member of one of such subordinate lodges designated and known as "Doran Lodge, No. 105." The defendant issued to him a certificate of membership, which entitled the plaintiff to the sum of $ 2,000 upon his death provided that at such time he was a member of the order, and had complied with "all the laws, rules and regulations thereof." To pay death losses, the members of the order were from time to time assessed and required to pay a stated sum. Upon their failure to do so, they ceased to be members, and were not entitled to any of the benefits of the order, unless reinstated as provided by the rules and regulations of the order.
It is conceded that the constitution, rules and regulations constitute a part of the contract of insurance and the right of the plaintiff to recover depends upon the question as to the proper construction thereof. Two members of the order died, and, as the defendant claims, an assessment therefor was made on David Underwood on the first day of September 1881, which he did not pay, although duly notified, and thereby he ceased to be a member, and was not entitled to the benefits of the order. The assessment in question was made by the defendant in the subordinate lodge of which David Underwood was a member, and the subordinate lodge was directed to remit to the proper officer a specified sum for each member, and "immediately make an assessment on all your members of that date." The subordinate lodge did not make such assessment, but the secretary thereof notified David Underwood that a member of the order, named Hess, had died, and he was directed to remit the amount required to pay such loss, and that if he failed to do so he would stand suspended. There is some question when this notice was sent to Underwood. The defendant claims that it was in ...
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