Grand Lodge of the Ancient Order of United Workmen v. Smith

Citations

• 76 Kan. 509
• 92 P. 710
• 1907 Kan. LEXIS 289

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Fraternal Insurance — Payment of Dues and Assessments— Forfeiture — Construction of By-laws. Where there is inconsistency in the provisions of the by-laws of a benefit society as to the payment of dues and assessments by its members, and a question arises whether there has been a forfeiture of benefits because of the non-payment of dues and assessments, the court will, where interpretation is possible, construe the by-laws so as to give the insured the benefit of the provisions favorable to him.</p> <p>2. - Waiver of a Forfeiture. The receipt and retention of money paid to the benefit society by one of its members on an overdue assessment ’ is ordinarily sufficient to waive a forfeiture arising from the failure to pay the assessment when due.</p> <p>3. -Same. The demand, receipt and retention by the benefit society of an assessment on which the member is not in default with one which was overdue waives the forfeiture growing out of the delay of non-payment.</p>