Kennedy v. Supreme Tent of the Knights of the Maccabees of the World

Citations

• 100 Wash. 36
• 170 P. 371
• 1918 Wash. LEXIS 708

Syllabus

<p>Insurance—Fraternal Insurance — By-Laws — Waiver. A fraternal insurance by-law automatically suspending a member for nonpayment of dues is waived by long continued custom of the society allowing a member to retain his good standing notwithstanding delinquency, except upon notice, which custom was relied upon by the assured.</p> <p>Same — Fraternal Insurance — Payment op Dues — Powers op Agent—Waiver. The secretary of a local lodge charged with the collection and remittance of dues is such a general agent of the national body that his mistake in waiving collections is regarded as the act of that body.</p> <p>Same — Fraternal Insurance — Suspension — Notice—Question for Jury. Whether a member of a fraternal society received notice V>f his suspension for nonpayment of dues is a question for the jury, 'where there was evidence that his reported suspension was unintentional and contrary to the custom of the lodge, and that he had no notice of suspension as required by the by-law, which it was the eustom\\of members to rely upon.</p> <p>Tsjal—Instructions—Requests. It is not error to refuse requested instructions which were not within the issues or which ignored\\a matter within the issues.</p> <p>Appeal—Harmless Error—Instructions. Error cannot be predicated upon sending to the jury room a requested instruction modified but leaving the stricken portion legible, where it was merely modified to conform to instructions given.</p>