Farmer v. State

Citations

• 69 Tex. 561
• 7 S.W. 220
• 1888 Tex. LEXIS 896

Syllabus

<p>1. Benevolent Association — Corporation.—A corporation known as the “ Masonic Mutual Benevolent Association” announced in its charter that its object was to provide for its members during life, and for their families after death. To accomplish this a contract is made with each member who joins it, that for a sum of money paid, and for designated instalments, of money to he paid afterwards, the association- will, ninety days after his death, pay to designated beneficiaries a sum graduated in amount according to the length of time he lives after being a member. An examination by a physician is required of each member. Membership is foreited by non-payment of assessments. Held:</p> <p>(1) The contract has all the elements of a life insurance policy, and though it may be entered into for benevolent purposes, the corporation can not legally exist unless incorporated in accordance with the laws of the State regulating the incorporation of insurance companies.</p> <p>(2) The association can not he legally incorporated as a benevolent association under title 20 of the Revised Statutes.</p> <p>2. Gases Approved. — Bolton v. Bolton, 73 Maine, 299; The State v. Citizens Association, 6 Missouri Appeals, 163; The State v. Merchants Association, 72 Missouri 146; People v. Wilson, 46 New York, 477; and The State v. Standard Life Association, 35 Ohio State, 281, approved.</p> <p>8. Statute Construed. — The act of March 28, 1885, which adds article 2991a to the Revised Statutes, applies to no other associations than those organized under title 20, Revised Statutes. The twenty-seventh subdivision of article 566, Revised Statutes, which provides for the incorporation of mutual relief associations, was repealed before the act of March 28,1885, was passed.</p>