Bowie v. Grand Lodge of the Legion of West

Citations

• 99 Cal. 392
• 34 P. 103
• 1893 Cal. LEXIS 676

Syllabus

<p>Mutual Benefit Association—Benefit Certificate—Coupons — Change of Bylaws. — Where a benefit certificate in a mutual benefit association, with coupons attached, provided that the member should be “entitled to participate in the special benefit fund of the order in an amount to be computed according to tile laws of the order, not exceeding the amount named in said coupons respectively,” and the constitution of the order contained a provision that the constitution and laws relating to and governing the beneficiary fund might he amended by a three-fourths vote of the grand lodge, a change of the laws regularly made by the grand lodge limiting the amount to be paid upon a maturing coupon to a proportionate share of one assessment for the payment of all coupons then maturing does not impair the obligation of the contract, though a different rule of computing the amount to be paid existed at the date of the certificate.</p> <p>Id.—Laws Entering into Contract—Provision fob Future Change.—The constitution and laws of the Mutual Benefit Association entered into and became part of its contract with its members, including the provision therein for future change of the laws regulating the beneficiary fund, and such change is not an amendment of the certificate of incorporation or articles of association within the meaning of section 362 of the Civil Code.</p>