· 3/15/1902

Sovereign Camp Woodmen of the World v. Woodruff

Citations

  • 80 Miss. 546

Syllabus

<p>1. Benevolent Societies. Change of laws. Advantages and burdens of.</p> <p>Where in his certificate of membership in a benevolent society a member obligates himself to be bound by the “conditions, constitution and laws and such by-laws as are in force or may hereafter be enacted ” by the society, he is entitled to the advantages of changes in its laws, as vvell as bound to submit to the burdens thereby imposed.</p> <p>2. Same. Laws part of contracts.</p> <p>In such ease the constitution and laws of a benevolent society are binding upon it and all of its members and may be considered as written into contracts between it and its members, and all amendments of its constitution and laws govern rights and liabilities arising from such contracts.</p> <p>3. Same. Vaccination. Small-pox.</p> <p>Where, in his application for membership in a benevolent society, the member, who had not been vaccinated, agreed, as was required at the time by the laws of the society, to waive all claims under his benefit certificate should he die from small-pox, and before his death the laws of the society were so changed as to require of members who had not been vaccinated to agree that until they were successfully vaccinated they would waive all claim under their certificates in ease they died from small-pox, and the member was successfully vaccinated, but died of small-pox, it is no defense to a suit by the beneficiary of his certificate that he died with that disease.</p> <p>4. Same.</p> <p>Successful vaccination does not necessarily mean such vaccination as will render the subject absolutely immune from small-pox.</p> <p>5. Same. To whom benefits payable. Monument fund.</p> <p>Where a benefit certificate obligates a benevolent society to pay $3,000 to the wife of a deceased member, and $100 for a monument to be placed at the grave of the member, without specifying to whom the monument fund is to be paid, but the laws of the society require it to be paid to the contractor employed to erec

Judges: Terral

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