Sheridan v. Modern Woodmen of America

Citations

• 44 Wash. 230
• 87 P. 127
• 1906 Wash. LEXIS 818

Syllabus

<p>Beneficial Associations — Nonpayment of Dues — Excuses—Unauthorized Waiver of By-Laws. Nonpayment of dues by the beneficiaries in a fraternal benefit certificate, after insanity of the member insured, is not excused by the failure of the clerk of the local lodge to give notice of assessment, after agreeing so to do, where the bylaws_ provide that such nonpayment, ipso facto, works a suspension of the member and forfeiture of the certificate, and that the clerk shall have no power to waive or change any of the provisions of the by-laws; there having been no custom on the part of the clerk to make such waiver.</p> <p>Same — -Insanity as Excuse. In such a case the insanity of the member is no excuse for failure to pay assessments when due.</p> <p>Same — Refusal to Reinstate — Acquiescence and Laches of Beneficiary of Insane Member. The beneficiary in a mutual benefit certificate of an insane member is precluded from recovery by her own laches and acquiescence in refusal to reinstate the member, where her tender of dues was refused and returned because not accompanied by a certificate of good health, and the money was retained and no further assessments or dues paid or tendered or any steps taken to secure a reinstatement for a period of more than two years, and until after the death of the insured.</p>