Hansen v. Supreme Lodge Knights of Honor

Citations

• 140 Ill. 301
• 29 N.E. 1121

Syllabus

<p>1. Benefit society—notice of assessment—sufficiency. A notice from & subordinate lodge of Knights of Honor to a member, of an assessment, was as follows: “Jan. 26, 1886. Dear Sir and Bro.:—Assessment Ho. 175, amounting to $....... is now due and must be paid within thirty days from this date.............. Reporter,”—to which was affixed the seal of the lodge. The member’s assessment was one dollar, as fixed at his admission. The envelope containing this notice was addressed to the member at his residence, and the notice was received by him, and he failed to pay the one dollar due from him, for which failure he was suspended: Held, that the notice to him was sufficient to justify his suspension. The omission of the member’s name in the notice, and that of the reporter, was not considered as a substantial defect.</p> <p>2. Same—waiver by member, of defects in notice of assessment—binding on beneficiary. A member of a mutual aid society may waive defects ■and informalities in the notice of assessments on the death of members, and such waiver will be binding on his beneficiary, when such beneficiary has no vested right to receive compensation on such member’s death; and when a member suspended for non-payment of an assessment applies for re-instatement without making any objection to defects in the notice of such assessment, this will be treated as a waiver of defects in the notice to him of the assessment.</p> <p>3. Where the payment of money on the death of a member of .a mutual benefit society depends upon his good standing at his death, and where he had the right to surrender his certificate raid take another payable to a different person, or refuse to pay assessments and thereby forfeit his membership, he may waive an informality in a notice of an assessment for the non-payment of which he is suspended, and such waiver will be binding on his beneficiary.</p> <p>4. Same—subordinate lodge—rules concerning dues and fines construed. By the laws of a mutual benefit s