Conroy v. Grand Lodge of the Brotherhood of Railroad Trainmen

Citations

• 102 Kan. 757
• 171 P. 1161
• 1918 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY .THE COURT.</p> <p>1. Benefit Insurance — Claim First to be Presented to Tribunal ' Designated by Association. It is competent for a mutual benefit association to require that claims against it upon its certificates shall be submitted in the first instance to a tribunal designated by it, and that the remedy so provided ■ shall be exhausted before recourse is had to the courts.</p> <p>2. Same — Nonpayment of Dues■ — Forfeiture—Custom. In order for a member of a mutual benefit association who, according to the terms of his certificate, has lost his rights thereunder by a failure to make a payment of dues at the time specified, to avoid such forfeiture by reason of a reliance upon an established practice of accepting delinquent payments within a definite period after the default, he must show an offer to make payment within the limit as so extended.</p> <p>3. Same — Rule Not Changed by Entry of Record of Forfeiture or Expulsion. Where, notwithstanding a written rule that a loss of member- - ship in a mutual benefit association results automatically from the failure to pay dues before the first of the month, a practice has been ■ established of accepting them if offered before the sixth, the entry on the records that the expulsion of a member-has resulted from his failure to make payment, followed by a notice given him to that effect between the second and the fifth, does not excuse an omission on his part to offer the money before the sixth, if he is to rely upon the extension of time growing out of the practice.</p> <p>4. Same — Nonpayment of Dues — Expulsion—No Waiver by Reason of Clerical Error in Notice. Where the expulsion of a member of a mutual benefit association has resulted' from his failure to pay his December dues within the prescribed time, and proper entries of the fact have been made upon the records, the association is not precluded from relying upon such expulsion as a defense to a claim made by him, by the unintentional error of a gener