Madeira v. Merchants' Exchange Mut. Ben. Soc.
U.S. Circuit Court for the District of Eastern Missouri
This is a suit brought by the widow of Walter G. Madeira to recover insurance upon her husband’s life, alleged to be due from the defendant, a corporation organized under the laws of Missouri, of which Mr. Madeira is alleged to have been a member at the time of his death. The by-laws of the association provide that any member who shall fail to pay his dues within 30 days after the publication of a notice of an assessment shall forfeit his membership.
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This is a suit brought by the widow of Walter G. Madeira to recover insurance upon her husband’s life, alleged to be due from the defendant, a corporation organized under the laws of Missouri, of which Mr. Madeira is alleged to have been a member at the time of his death. The by-laws of the association provide that any member who shall fail to pay his dues within 30 days after the publication of a notice of an assessment shall forfeit his membership. Evidence was introduced at the trial tending to show that notice of an assessment had been published about seven months before Mr. Madeira’s…
1Opinion of the CourtTreat, J.
The briefs and authorities have been fully considered, and nothing is found to take this case out of the rulings by the United States supreme court. The forfeiture of the policy was complete before death, and nothing in the nature of a waiver to avoid forfeiture is shown. Stringent as are the rules in ordinary life policies, they should be more rigidly applied in mutual associations. If, under the latter, parties do not meet their obligations,' whereby losses may be paid, why should not forfeiture of their interests be upheld?
Finding and judgment for defendant.
2Cited by4 opinions
- Knights of Columbus v. Burroughs' BeneficiarySupreme Court of Virginia · 1908
- Gifford v. Workmen's Benefit Ass'nSupreme Judicial Court of Maine · 1908
- Woodmen of the World v. GillilandSupreme Court of Oklahoma · 1902
- Locomotive Engineers' Mut. Life & Accident Ins. v. ThomasCourt of Appeals for the Eighth Circuit · 1913