McCorkle v. Texas Benevolent Ass'n

Citations

• 71 Tex. 149
• 8 S.W. 516
• 1888 Tex. LEXIS 1117

Syllabus

<p>1. Mutual Insurance Company—Notice.—The by laws of the T. B. A. required that notice of its assessments shall be sent to each member, and that “any person who shall fall in arrears for dues or contributions, after thirty days notice, shall cease to be in good standing, and shall forfeit all rights and claims to any and all benefits of the association.” It was the custom of the officer charged with the duty to mail such notice to each member. Held that a reasonable construction of the by laws required that notice be in fact given to a member before a forfeiture would result from a failure to pay dues,»etc., and that mailing to a member through the post office was not such notice.</p> <p>2. Same—Regular Insurance Company.—The rules and principles applicable to ordinary insurance companies apply to mutual benefit associations such as the T. B. A.</p> <p>3. Act of Officer.—An act or promise of an officer superintending the business of a mutual benefit association, although beyond his power as defined in the by laws of the association, if acted upon by a member, will bind the company.</p> <p>4 Estoppel.—See facts held to estop the T. B. A. from denying the privileges of membership to one who was claimed to have forfeited his membership.</p>