Grimbley v. Harrold

Citations

• 125 Cal. 24
• 57 P. 558
• 1899 Cal. LEXIS 793

Syllabus

<p>Benefit Society—Contract of Member with Beneficiary.—The valid contract of a member of a benefit society, such as the Ancient Order of United Workmen, whereby he assumes to dispose of his interest in the beneficiary fund of the order—virtually the proceeds of a policy of life insurance—and agrees not to change the beneficiary in consideration of the payment by the beneficiary of all dues and assessments against such member, if not in conflict with the lawful conditions upon which the order grants the insurance, is effectual as against the subsequent attempt of the member to change or annul it.</p> <p>Id.—Beneficiary Certificate—Property Bight—Power of Judicatories.—The beneficiary certificate issued to the member, like a policy of insurance, evidences a valuable right of property, of which he may dispose by valid contract; and it is not competent for the order, while clothing the member with such right, to confer upon its internal judicatories the sole power of determining the fact and consequences of any disposition which he may make of it.</p> <p>Id.—Bights of Beneficiary—Decision of Board of Arbitration—Appeal—Jurisdiction of Courts.—The decision of the board of arbitration of the order upon the rights of a beneficiary who is not a member of the order is not conclusive as to those rights; and the beneficiary is not bound to appeal therefrom to the grand lodge, but may submit to the jurisdiction of the courts of the state the questions whether the member contracted with the beneficiary, as alleged, and what rights, if any, were thereby acquired.</p> <p>Id.—Presentation of Proofs—Arbitration.—The presentation of proofs by the beneficiary to the order cannot convert a hearing before a committee of the order, in whose selection the beneficiary had no choice, into an arbitration binding upon the beneficiary; and it is immaterial that such committee is called a board of arbitration.</p> <p>Id.—Change o? Beneficiary—Superiority of Bight—Estoppel—Notice Putting upon I