Wiggin v. Knights of Pythias
United States Circuit Court
Suit upon certificates of life insurance in the endowment rank of the Knights of Pythias for $3,000. Defense, that the local lodge dues, amounting to four dollars, were unpaid at the time of the death of the member, and were “more than six months in arrears,” whereby the insurance was forfeited under the contract, as interpreted by the rules and regulations of the order.
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Suit upon certificates of life insurance in the endowment rank of the Knights of Pythias for $3,000. Defense, that the local lodge dues, amounting to four dollars, were unpaid at the time of the death of the member, and were “more than six months in arrears,” whereby the insurance was forfeited under the contract, as interpreted by the rules and regulations of the order. The member had paid all the assessments for death, and was not otherwise in default except as to the lodge dues. The other facts appear in the opinion of the court. Jury waived.
1Opinion of the CourtHammond, J.
We need not at all consider any of the interesting questions argued in this case except that which relates to the time when the lodge “dues” become in arrears, for, in the view the court takes of *123that matter, all else becomes immaterial. For the purposes of this case it may he conceded to the fullest extent that the certificate for life insurance in the endowment rank is absolutely forfeited for the non-payment of dues which are in arrears for six months; and that there is no possible escape by waiver, estoppel, or what not from that forfeiture; that the payment of assessments for the death…
2Cases cited2 opinions
- Watson v. JonesSupreme Court of the United States · 1872
- Mundt v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1872
3Cited by9 opinions
- Gordon v. TomeiSuperior Court of Pennsylvania · 1940
- Modern Woodmen of America v. HeadleSupreme Court of Vermont · 1914
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
- Brendon v. WorleyNew York Court of Common Pleas · 1894
- Runyan v. RunyanSupreme Court of Arkansas · 1912
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