Mutual Reserve Fund Life Assn. v. Hamlin

Citations

• 139 U.S. 297
• 11 S. Ct. 614
• 35 L. Ed. 167
• 1891 U.S. LEXIS 2383

Syllabus

<p>The plaintiff in error was an association formed “ to furnish substantial aid to their families or assigns in the event of a member’s death.” The husband of the defendant in error became a member, and received a certificate stating that in consideration, among other things, ‘ ‘ of the payment of all dues and of all mortuary assessments ” his wife should be entitled to receive $10,000 from the death fund of the association. The constitution and by-laws of the association provided that a mortuary assessment should be made on the first days of Tebruary, May, August and November, but did not fix any rate; that it should be the duty of a member failing to receive notice of an assessment on or before those days, to notify the home office thereof; and that a failure to pay the assessment within thirty days, from said first days should work a forfeiture of membership. When the husband died he had failed for more than thirty days to pay an assessment which had been made, and had not informed the association that he had failed to receive notice of it. To an action brought by the beneficiary to recover the amount insured the association set up these failures in defence. Held,</p> <p>(1) That the association was not required to make assessments except when made necessary in order to meet existing claims;</p> <p>(2) That the insured was entitled to notice of each assessment;.</p> <p>(3) That the failure of the assured to inform the association of a failure to receive notice of an assessment did not work a forfeiture of membership and of previous payments;</p> <p>(4) That, as there was conflicting evidence upon the issue of fact whether notice of the assessment was mailed by the association to the assured, it was properly left to the determination of the jury.</p>