Dey v. Knights & Ladies of Security

Citations

• 113 Kan. 86
• 213 P. 1066
• 1923 Kan. LEXIS 337

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Terms of Certificate — May Be Changed and Modified — Change Binding Upon Members. In 1895 an incorporated fraternal beneficiary association issued a certificate to a member, one provision of which was that on reaching 69 years of age he should be entitled to receive $900, to be deducted from the amount of the death benefit. The certificate recited that it was issued upon the express condition that he should in every particular comply with all the laws, rules and regulations of the order. One of its laws in force at the time empowered its National Council “to amend the Constitution, Ritual, Laws and Rules of Discipline.” In 1898 the laws .of the association were amended so that they no longer contained a provision for such a $900 payment, but did provide for annual payments of $300 after a member holding a $3,000 certificate should reach the age of 70 years and become physically disabled. In 1899 a statute was enacted for the regulation of such associations which expressly forbade the payment of any disability benefits at a younger age than 70 years, and by implication prohibited any payments because of age unless accompanied by disability. In an action brought by the holder of the certificate for the recovery of $900 on the ground of having reached the age of 69 years it is held that he was bound by after-enacted laws changing the rates and benefits; that the amendment of the laws of the order and the enactment of the statute referred to cut off his right to recover on the ground of having reached a particular age, no disability being claimed. And it is further held that the action of the association in raising the amount of his monthly assessment from $3 to $3.60 was valid.</p> <p>2. Pleading and Practice — Effect of Overruling Demurrer to Petition. Where upon the overruling of a demurrer to a petition the defendant answers and goes to trial, taking no appeal from that ruling, the decision upon the legal que