High Court of the Independent Order of Foresters v. Zak

Citations

• 136 Ill. 185
• 26 N.E. 593
• 1891 Ill. LEXIS 961

Syllabus

<p>1. Benefit society—“good standing” of members—how shown—evideuce in respect thereto—presumption. A mutual benefit society issued a certificate of membership, by which it agreed to pay $1000 to the wife of the member on his death, upon his compliance with the rules of the order, provided “such member is in good standing” in the order at his death. Payment of the certificate was resisted, on the ground that the member was not in good standing at his death. The constitution of the society provided for the trial and reprimand or expulsion of offending members. It was held, parol evidence of witnesses could not be received, in a suit upon the certificate, to show the bad standing of the member at his death, or his failure to comply with the rules of the order.</p> <p>2. In such case, the loss of a member’s good standing in the order must be shown by the minutes, proceedings or records of the order itself, and not by the statements of officers or members,—in other words, it must be shown by some official action on the part of the organization. The order being a corporate body, its attitude toward a member can be known only through its action as such corporation.</p> <p>3. The issuing of a certificate of membership by a mutual benefit society is evidence of the holder’s good standing in the order when it issued, and such good standing will be presumed to continue, unless there is legitimate proof that it no longer exists. The burden of proving the loss of good standing rests upon the society.</p> <p>4. In a suit upon a certificate of membership to recover the sum agreed to be paid to the beneficiary, when its payment is conditioned on the good standing of the member at his death, it is competent to adduce any legitimate proof that the deceased had failed to pay his lawful dues before his death. Such failure, if without valid excuse on his part and without fault on the part of the order, will be competent evidence of the loss of good standing.</p>