Wendt v. Iowa Legion of Honor

• Decision Date: 19 October 1887
• Citation: 34 N.W. 470,72 Iowa 682
• Parties: WENDT, ADM'R, v. THE IOWA LEGION OF HONOR ET AL
• Court: Iowa Supreme Court

34 N.W. 470

72 Iowa 682

WENDT, ADM'R, v. THE IOWA LEGION OF HONOR ET AL

Supreme Court of Iowa, Des Moines

October 19, 1887

Appeal from Hardin Circuit Court.

ACTION to recover upon a certificate issued by defendant to Jacobus Meyeringh, plaintiff's intestate, showing that he was a member of the Iowa Legion of Honor, and that, at his death, $ 2,000 should be paid to his legal heirs. G. F. Breithaupt and the heirs of Meyeringh intervened separately, claiming the amount of the benefit. Upon a trial, without a jury, the circuit court rendered judgment for Breithaupt. The heirs appeal.

REVERSED.

C. E Albrook, for appellants.

J. S Roberts and F. Gilman, for appellee.

OPINION

BECK, J

The petition alleges that defendant is a corporation, organized under the laws of Iowa, and doing business as an insurance company, and that it issued to plaintiff's intestate a certificate, of which the following is a copy:

"THE GRAND LODGE OF THE IOWA LEGION OF HONOR.

"This certificate, issued by the authority of the Grand Lodge of the Iowa Legion of Honor, witnesseth that Brother Jacobus Meyeringh, a member of German Lodge No. 15 of said order located at Ackley, in the state of Iowa, is entitled to all the rights and privileges of membership in the Iowa Legion of Honor, and to participate in the beneficiary fund of the order to the amount of two thousand dollars, which sum shall at his death be paid to his legal heirs. This certificate is issued upon the express condition that said Jacobus Meyeringh shall, in every particular, while a member of said order, comply with all the laws, rules and requirements thereof. In witness whereof the Grand Lodge of Iowa has caused this beneficiary certificate to be signed by its grand president and grand secretary, and the seal thereof to be attached, the 16th day of October, A. D., 1883.

"C. S. LAKE, Grand President.

"Attest: L. K. MILLER, Grand Secretary.

[Seal attached.]

"We, the undersigned, president and recording secretary of German Lodge No. 15, do hereby countersign this certificate, and attach the seal of this lodge hereunto, rendering the same valid and in full force, this 16th day of October, A. D., 1883. S. BLOCH, President.

"Attest: E. T. TOOL, Recording Secretary."

[Seal attached.]

The death of Meyeringh, and that he was a member of the organization in good standing, and other matters showing defendant's liability, are alleged in the petition. The defendant does not deny liability upon the certificate, and paid the amount into the court, to be disposed of as should be directed by the final judgment. Breithaupt intervened, claiming the money due upon the certificate, basing his claim upon an assignment and transfer thereof by the person to whom it was issued, under an instrument of writing in the following words:

"My own handwriting. God, amen. My last will. The undersigned, Jacobus Meyeringh, in 1883, horse-doctor, in Ackley, declares herein that when the undersigned should die, his life insurance policy, great $ 2,000, No. 6,404, from 16th October, 1883, issued, must become to G. F. Breithaupt, who holds policy.

"Ackley, Iowa, Central House, October 17, 1883.

"J. MEYERINGH, Horse-Doctor."

In an amendment to his petition of intervention, Breithaupt alleges that he paid certain assessments in pursuance of a demand made by defendant; that such payments were in accord with the terms of the policy, and the by-laws and constitution of defendant, and an oral agreement made by the intervenor and the assured. Jacoba Clara Meyeringh, and other children of Jacobus Meyeringh, to whom the certificate was issued, intervene, and claim the money as his heirs. They deny the claim of the other intervenor, and allege that the assignment under which he claims is void. The circuit court held that Breithaupt is entitled to recover the money, and entered judgment to that effect. The plaintiff, the administrator of Meyeringh, makes no complaint of the decision of the court below, and does not appeal. The defendant, as has been stated, paid the money into court. No questions arise on...