Modern Woodmen of America v. Mixer

Me. Justice . Holmes

delivered the opinion of the Coürt.

This is a suit by the beneficiary of a certificate issued by a fraternal beneficiary society incorporated in Illinois. The member to whom the certificate was issued was the plaintiff’s husband and the .ground of recovery is 'that the husband had disappeared and had pot been heard of for ten years before this suit was brought. His expeqtancy of life according to the tables had not expired and the de-fence is a by-law of the- Corporation to the effect that. “ long continued absence of any member unheard of shall not ... give any right to…