Behnke v. Modern Brotherhood of America

Lees, C.

This is an action to recover on a benefit certificate issued to John A. Behnke, in April, 1923, by defendant, a fraternal benefit society with headquarters at Mason City, Iowa.

Behnke died on June 28, 1924. Proper proofs of death were furnished, but defendant refused to pay the claim. It sought to justify its refusal by pleading and proving provisions in the application, tbe certificate and the by-laws, requiring monthly payments of membership dues, the penalty for a failure to pay within the month being automatic suspension from membership and a forfeiture of the insurance, payment…