Kumle v. Grand Lodge Ancient Order of United Workmen

Citations

• 110 Cal. 204
• 42 P. 634
• 1895 Cal. LEXIS 1041

Syllabus

<p>Mutual Benefit Society — Action upon Certificate — Compliance of-Member with Bules—Good Standing—Evidence—Presumption— Burden of Proof.—In an action by the widow of a deceased member of a mutual benefit society, brought upon a certificate issued to such member, entitling him to participate in a specified sum in the beneficiary fund of the order, to be paid at his death to his wife, on condition that he shall, while a member of the order, comply with its rules and requirements, where issue is joined as to such compliance, the burden upon the plaintiff of proving that the deceased was a member of the order in good standing at the time of his death is sufficiently sustained by introducing the certificate of membership, which is evidence of his good standing when issued, and such good standing will be presumed to continue in the absence of proof to the contrary; and the burden devolves upon the society to rebut such presumption by showing the loss of such good standing, by failure to comply with the rules, or to pay required assessments.</p> <p>Id.— Submission of Controversy—Arbitration — Appeal to Supreme Grand Lodge—Refusal to Pay—Jurisdiction of Court.—Where there is nothing in the certificate, or in the laws or regulations of the order, requiring a controversy between the widow of a deceased member, to whom the certificate is payable, to be submitted to the order for adjustment, or making its action thereon final, the fact that the widow presented the certificate and proofs of death to another member of the subordinate lodge, and that such member, upon refusal by the subordinate lodge to acknowledge the claim, requested the grand lodge to approve the claim, which it also refused to do, does not show a submission of the controversy in the sense of an arbitration; nor does the right given to a member to appeal to the supreme grand lodge affect the rights or obligations of the widow, who is not a member of the order; nor does the refusal of the order to pay the clai