Fraternal Aid Ass'n v. Powers

Citations

• 67 Kan. 420
• 73 P. 65
• 1903 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Local Secretary Held Agent of the Association. Where the laws of a fraternal association authorize the local secretary of the subordinate organizations to collect dues and assessments from members, and also provide that the association shall be liable for benefits upon payments by members to the local secretary, and where the certificate of membership recognizes the authority of the local secretary to receive payments from the members, and further provides that the failure to make payments to him shall avoid the Certificate, such local secretary will be deemed to be the agent of the association.</p> <p>2. -Application of Excess Payments of Member. Where more money is paid by a member to the local secretary for dues and assessments than is necessary to meet claims which have already accrued, the excess should be applied on subsequent and accruing dues and assessments, and the member will not be deemed to be in default so long as such excess is sufficient to meet the accruing claims of the association against the member.</p> <p>3. - Time for Proof of Death. The provision in the certificate that payment of the benefit “shall be made within ninety days- after satisfactory proof of his death” does not mean that the failure to make proofs within ninety days after death will operate as a forfeiture of the benefit.</p>