Hobson v. Occidental Mutual Benefit Ass'n

Citations

• 87 Kan. 515
• 126 P. 642
• 1912 Kan. LEXIS 184

Syllabus

<p>'SYLLABUS BY THE COURT.</p> <p>Benefit Association Certificate Assessments — Forfeiture. A benefit association issued a certificate June 15, in consideration of the payment required of one to become a member, he agreeing to .pay all assessments and dues as they should be levied, the certificate to become null and void if assessments should not be paid on or before the first day of the month following the levy. The member paid the assessments levied on the first of each succeeding month, including J anuary. On February 3, through an agent, he tendered the dues and assessment for one month, which were refused because not accompanied with a health certificate. February'10 another tender was made, followed by a similar refusal. After February 2 the member was unable to furnish a health certificate. The by-law in force when the certificate was issued required monthly payments on or before the first of each month :</p> <p>“No. 1 of each year shall be due on or before the 1st of January. No. 2, on or before the 1st of February, and in like manner on or before the 1st of each month.”</p> <p>Later this was amended to read:</p> <p>“Monthly payments shall be payable on or before the 1st of each month. No. 60 for January, 1905, shall be due on or before the 1st of February of each year and in like manner on or before the 1st day of each month.”</p> <p>Held, that as the member had paid the January assessment, and had tendered the February assessment (payable on or before March 1) on February 3 and February 10, he was not in default.</p>