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· 3/15/1897

Supreme Lodge Knights of Pythias v. Stein

Citations

  • 75 Miss. 107

Syllabus

<p>1. Benevolent Society. Cha/rter. Power to legislate. Delegation of same.</p> <p>The power to legislate given by charter to the supreme lodge of a benevolent society cannot be delegated by such lodge to a board of control that is a mere subordinate administrative agency.</p> <p>2. Same. Benefit insurance. Anti-suicide law.</p> <p>Although an application for increased insurance in the endowment rank of a benevolent society contains a condition of forfeiture in the event of the member’s suicide, and the benefit certificate for such increased insurance is, by its terms, subject to the conditions of the application, the fact of suicide is no defense to an action on the certificate, when the anti-suicide law which gave rise to the condition was adopted without authority by a board of control having no legislative power, only a few days prior to the application, and never enacted or ratified by the supreme lodge, the only competent authority, nor duly published, prior to the member’s death.</p>

Judges: Whitfield

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