Jenkins v. Ancient Order of United Workmen

Citations

• 93 Kan. 324
• 144 P. 223
• 1914 Kan. LEXIS 431

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fraternal Insurance — Nonpayment of Dues — Suspension , — No Waiver of Forfeiture. Under the by-laws of a fraternal benefit order the failure of a member to pay dues and assessments at fixed times operates ás a suspension of the member, and if he dies during such suspension his beneficiary is not entitled to share in the beneficiary fund. Another provision is that a member may be reinstated by paying the delinquent dues and assessments and upon an affirmative vote of the local lodge. A member of the order failed to pay an assessment when it was due, but thirteen days later sent a check, which was delayed in transmission and was received by the officer of the order nineteen days after suspension and on the same day that the member died. No action towards reinstatement was ever taken by the lodge. The officer at once returned the check. There had been a number of prior-defaults and suspensions of the member, and in each case he was reinstated upon the payment of the delinquent dues and assessments but never unless a majority of those present at a regular meeting of the lodge voted in favor of reinstatement. Held, that under the by-laws of the order and the terms of the contract with the member payment of dues and assessments and an affirmative vote of the lodge are both essential to a reinstatement and that the member was legally suspended at the time of his death. Held, further, that the fact that there had been reinstatements after former defaults of the member did not operate as a waiver of the contract relating to defaults and suspensions nor relieve the member from the last suspension resulting from his delinquency.</p> <p>2. Same. The evidence examined relating to the payments of dues and assessments by the member, including what is termed an advance payment, and it is held that he was in default and under suspension at the time of his death.</p>