Grand Lodge of Ancient Order of United Workmen v. Crandall

Citations

• 80 Kan. 332
• 102 P. 843
• 1909 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Suspension—Forfeiture—Waiver. A member of a fraternal benefit association mailed the amount of an overdue assessment and dues to the financier. of his lodge, which was received by that officer four days afterward. The officer made his report thereof, as required by the bylaws, to the lodge at its next meeting, which was held three days after the financier received the remittance. Two days before this meeting the member died. Upon the order of the lodge to return the money the financier tendered it to the mother of the beneficiaries (both being minors), and upon her refusal to take it left it with one of them, no guardian having been appointed. The by-laws provided that upon failure to pay an assessment when due the certificate of the member so in default should stand suspended without any action of the lodge or its officers, and that upon such suspension the beneficiaries should lose all right to participate in the beneficiary fund. An affirmative vote of the lodge was one of the conditions of reinstatement. Held, that the association is not liable to the beneficiaries under such suspended certificate when the conditions of forfeiture are not waived, and that in the circumstances stated and disclosed in the agreed statement of facts there was no waiver.</p> <p>2. -'■ — ■ Construction of Contract. The rule requiring a liberal interpretation of the by-laws of such an order in favor of the beneficiary, announced in United Workmen v. Smith, 76 Kan. 509, is adhered to, but this does not require or permit a strained construction or interpretation of language at variance with its obvious meaning.</p>