Foresters of America v. Hollis

Citations

• 70 Kan. 71
• 78 P. 160
• 1904 Kan. LEXIS 5

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Beneficiary Associations — Payment of Dues — Forfeiture. Where a member of a beneficiary association offers to pay dues assessed against him, and is ready and willing to pay to the officer whose duty it is to receive them, and such officer, doubting his power in the premises, refuses to accept the offered payment, the association cannot base a forfeiture of the promised benefit on the non-payment of such dues.</p> <p>2. -Payment According to Custom at Variance with By-laws Prevents Forfeiture. Nor will such association be permitted to assert a forfeiture because assessments were not paid at the times stated in the printed by-laws, where, by the adoption of a custom, or the course of its conduct, it has led the insured members honestly to believe that the assessments may be paid, and will be received, at times other than those specified in the printed rules.</p> <p>3. -Beneficiary Need Not Allege an Insurable Interest. In an action to recover insurance procured by a member of an association on his own life for the benefit of, another it is not necessary for the beneficiary to allege that he had an insurable interest in the life of the insured, and if the association relies on the defense of no insurable interest it devolves on it to plead and prove it.</p>