Catholic Order of Foresters v. Fitzpatrick

Mr. Presiding Justice Waterman

delivered the opinion of the Court.

This is an appeal from a judgment rendered upon a certificate issued by a benevolent insurance society.

The defense to the action was that the insured, Hugh Fitzpatrick, had by failure to pay assessments forfeited his membership.

Sections 4, 5, 7, 8, of article 11, and section 4 of another article of the constitution and by-laws of the order are as follows:

“ Sec. 4. In order to avoid delay in the payment of the sum due the beneficiaries of a deceased member, the High Court shall make an assessment per capita of every member of the…