Vam Frank v. United States Masonic Ben. Ass'n

• Decision Date: 01 November 1895
• Citation: 41 N.E. 1005,158 Ill. 560
• Parties: VAN FRANK et al. v. UNITED STATES MASONIC BEN. ASS'N.
• Court: Illinois Supreme Court

158 Ill. 560

41 N.E. 1005

VAN FRANK et al.

v.UNITED STATES MASONIC BEN. ASS'N.¹

Supreme Court of Illinois.

Nov. 1, 1895.

Appeal from appellate court, Third district.

Assumpsit by Carrie C. Van Frank, in her own behalf, and Robert G. Van Frank and Esther N. Van Frank, minors, by Carrie C. Van Frank, their next friend, against the United States Masonic Benevolent Association of Council Bluffs, Iowa. Defendant obtained judgment, which was affirmed by the appellate court. 56 Ill. App. 203. Plaintiffs appeal. Affirmed.J. C. Broady and J. F. Carrott, for appellants.

Clark Varnum, for appellee.

The appellee, a mutual benefit association organized under the laws of the state of Iowa, with its principal office at Council Bluffs, Iowa, on the 27th day of October, 1890, issued two certificates of membership on the application of T. H. Van Frank, which were payable in case of his death, during the continuance of the contract evidenced by each certificate, to Carrie Van Frank and children, and, in case of death of any of the beneficiaries, to the survivors or the legal representatives of T. H. Van Frank. The association was organized to furnish its members life insurance by means of collection of assessments levied to raise money to pay death losses. By its articles of incorporation, which are its charter, its manner of insuring and paying death benefits is as follows: Applications for membership are received only from Free Masons. These applications are sent to the home office, and, if approved, one or two certificates of membership, providing for the payment of 75 per cent. of an assessment on the members of that divison, not, however, exceeding $2,500 to each certificate, are issued to the applicant. When one or more members of either division die, who is in good standing, and who has paid all previous assessments, the board of directors make an assessment on the members of the division to which the deceased member belonged, and the secretary transmits a notice to each member subject to such assessment, advising him of the amount of the assessment and the time within which the same shall be paid. This notice of the assessment is deemed to be given when deposited in the post office, addressed to the member at his last known post-office address. The members have 30 days within which to pay the assessment; that is, 30 days from the date of the notice of the assessment sent to them by the secretary. If the member does not pay his assessment within such period of 30 days, then his certificate ‘shall cease and be of no effect.’ At the end of 90 days, after these proofs of death have been received for which the assessments were levied, computation is made by the officers of the association of the amount collected by means of such assessment; and the association is then to pay to the deceased member 75 per cent. of the amount received of such assessment from the members of the division to which the deceased member belonged, such benefit not to exceed $2,500 for each certificate. Assessments were made to be due and owing six times a year, on the 1st days of January, March, May, July, September, and November. T. H. Van Frank paid his assessments until the one levied for September 1, 1891. That assessment was made by the directors of the association on August 11, 1891, to be dated September 1, 1891, on account of the death of the holders of eight certificates. The amount to be paid by Van Frank on that assessment was $8.80, and a notice dated September 1st was written and mailed August 29th, directed to him at his post-office address at Quincy, Ill., postage prepaid. About the same time, a sheet showing the name of each member residing in Quincy, and the amount of his assessment, was forwarded to P. F. Jasper, teller of the First National Bank, that payment might there be made, and Jasper notified Frank of the receipt of the sheet and the assessment. Neither that nor any subsequent assessments were paid by Van Frank. The latter told Jasper ‘the assessments were getting to heavy for him, and he had concluded to drop it.’ On April 16, 1892, the assured was accidentally drowned, and suit was brought on the two certificates of membership, and on trial a verdict and judgment were entered for the defendant. That judgment was affirmed on appeal to the appellate court of the Third district and this appeal is prosecuted.

PHILLIPS, J. (after stating the facts).

Appellant contends there was not evidence showing the death of...