Elliott v. Knights of Modern Maccabees

Citations

• 46 Wash. 320
• 89 P. 929
• 1907 Wash. LEXIS 616

Syllabus

<p>Insurance — Application — Misstatement of Age — Forfeiture. Where an application for fraternal insurance falsely stated that the applicant was within the age limit, when he knew that he was ineligible, his certificate of membership is void and payments made thereunder are forfeited, where the application declares the statements to he true and the basis of the contract, and expressly provides for forfeiture of payments in case of' false statements or suppression of facts.</p> <p>Same — Knowledge of Misstatements. A member in a mutual benefit society cannot avoid forfeiture of his certificate for false representations in his application that he whs within the age limit, on the theory that he did not read the application, where he informed the agent that he was ineligible and consented to the agent’s “putting him through” in violation of the by-laws, repeated the false statements in an application for reinstatement, and payed assessments many years under a certificate • that falsely stated his age.</p> <p>Same — Notice to Agent — Forfeiture—Estoppel. Notice to an agent or organizer of a mutual benefit society that an applicant was over the age limit and ineligible, under the by-laws, is not notice to the society which would prevent a forfeiture of the membership for false representations as to the age, where it appears that the agent urged the making of the false representations for the purpose of enabling him to complete the organization of a lodge, and agreed that the applicant should have no further trouble; since the same amounted to a conspiracy to defraud the principal, and the applicant had no right to assume that the notice would be communicated by the agent to the principal.</p> <p>Same — By-Laws—Waiver—Officers—Authority. By-laws of a mutual benefit society expressly prohibiting the admission of members over a certain age cannot be waived by the officers of the society.</p> <p>Same — Right to Recover Payments — Fraud. Where a certificate in a mutual benefi