Freckmann v. Supreme Council of the Royal Arcanum
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: E. N. Austin, Judge. On the 11th of August, 1892, John Henry Freckmann joined a subordinate council of the Eoyal Arcanum, and received a benefit certificate for the sum of $1,500, payable in case of his death to his wife (plaintiff here), provided “ that said member is in good standing in this order at the time of his death.”
Read the full summary
Appeal from a judgment of the superior court of Milwaukee county: E. N. Austin, Judge. On the 11th of August, 1892, John Henry Freckmann joined a subordinate council of the Eoyal Arcanum, and received a benefit certificate for the sum of $1,500, payable in case of his death to his wife (plaintiff here), provided “ that said member is in good standing in this order at the time of his death.” One of the by-laws of the defendant, which became a part of the contract, is as follows: “ Sec. 473. Each member shall pay the amount due on the notice of the collector within thirty days from the date of…
1Opinion of the CourtWinslow, J.
It is claimed that the trial and expulsion of Freckmann were irregular, and hence void. We need not consider this question, because upon another ground it is plain that the plaintiff cannot recover. The certificate was only payable in case Freckmann was a member of the order in good standing at the time of his death. The by-law which provided for suspension from the order in case of nonpayment of an assessment was plainly self-executing. In case an assessment is not paid within thirty days from the date of the notice, the member “stands suspended” from the order. Flo action by the council was…
2Cases cited1 opinion
- Lyon v. Supreme Assembly of RoyAl Society of Good FellowsMassachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Langnecker v. Trustees of the Grand Lodge Ancient Order of United WorkmenWisconsin Supreme Court · 1901
- Wallace v. Fraternal Mystic CircleMichigan Supreme Court · 1899
- Schmidt v. Supreme Tent of the Knights of the Maccabees of the WorldWisconsin Supreme Court · 1897
- Behling v. Northwestern National Life InsuranceWisconsin Supreme Court · 1903
- Melvin Ex Rel. Melvin v. Piedmont Mutual Life InsuranceSupreme Court of North Carolina · 1909
3 more not listed; retrieve them via the Exa API.