Reed v. Ancient Order of Red Cross

Citations

• 8 Idaho 409
• 69 P. 127
• 1902 Ida. LEXIS 29

Syllabus

<p>Mutual Benefit Associations — Insurance—Action at Law on Certificate. — An action at law will lie on a certificate of membership which provides that upon death of the member the association will pay to the beneficiary therein named, out of the mortuary fund, the amount of one assessment on the membership not exceeding $2,000.</p> <p>Same — Suspension of Subordinate Lodge — Notice of Suspension.— Where the constitution of the association provides that upon the failure of a subordinate lodge to make a monthly report, and to remit assessments, the secretary of the supreme lodge shall give notice, using a form prescribed, in writing, and mail such notice to the president, secretary, and treasurer of the subordinate lodge, the failure to make such report and remittance does not, in the absence of such notice, work a suspension of the subordinate lodge.</p> <p>Same — Assessments—Payments—Agency.—Where it is expressly provided in the constitution of the association that the secretary of a subordinate lodge shall collect and forward to the supreme lodge all assessments against members, such secretary is the agent of the supreme lodge, and payments of assessments by members to such secretary is payment to the supreme lodge, notwithstanding the constitution declares in general terms that the officers of subordinate lodges are agents of the members, and not agents of the supreme lodge.</p> <p>(Syllabus by Quarles, C. J.)</p>