Modern Woodmen of America v. Tevis

Citations

• 111 F. 113
• 49 C.C.A. 256
• 1901 U.S. App. LEXIS 4364

Syllabus

<p>1. Insurance—Estoppel prom Forfeiting for Default in Prompt Payment.</p> <p>The habitual acceptance of premiums by an insurance company after they are due estops it from enforcing a forfeiture for default in prompt payment.1</p> <p>2. Beneficiary Association—Estoppel by Like Course of Action.</p> <p>A fraternal beneficiary association, which, by its uniform course of collection, leads its members to believe that the strict terms of their certificates and of its by-laws relative to the prompt payment of assessments and the avoidance of- the certificates therefor are not and will not be enforced, is estopped from defeating the claim of beneficiaries upon the certificate of a deceased member for default in prompt payment where he had paid his assessments in due time according to the customary course of collection, hut had, without notice of any change in this course, failed to pay some of them according to the strict terms of the by-laws and the certificate.</p> <p>3. Principal and Agent — Legal Relation Prevails Over Abandoned Stipulations.</p> <p>Tlie actual legal relation of parties to each other, their acts and transactions, prevail over previous written stipulations, which were subsequently disregarded, and condition their rights.</p> <p>i. Same—Beneficiary Association—Clerk of Local Camp.</p> <p>Where a beneficiary association empowers the clerk of a local camp to collect, receipt for, remit, and report upon its benefit assessments, and the clerk acts under this authority with the knowledge and consent of all ■ parties, the relation of principal and agent for this purpose exists, and conditions the rights of the parties, notwithstanding the fact that the by-laws and certificates of membership contain a uniformly disregarded stipulation that.the clerk of the local camp shall not be the agent of the association, but shall be the agent of the local camp, which has no interest in the benefit assessments, and that the acts or omissions of the clerk shall not affect