Van Alstyne v. Franklin Council, No. 41

The - opinion of the court was delivered by

Gummere, Chief Justice.

This action was brought to recover the sum of $250 death benefits, due from the defendant, a subordinate council of the Junior Order of the United American Mechanics, to the plaintiff, as the beneficiary of Harry B. Van Alstyne, a deceased member of said council. The council, at the trial, set up as a defence that, by reason of the action of the deceased member in permitting his dues to remain in arrears and unpaid for a period of twenty weeks preceding his death, all rights in the benefit certificate had been forfeited, by…