Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-11-15
OLD AND NEW POLICIES.
Decision I'm the Suit Growing Out of
the Presentation
OF Two knights of Honor Certificates
After Simon Pumps Suicide.

The decision of Chancellor Mcdowell in
the case of NJ. Sartorius against Henrietta
Pump, settles nice point OF law of inter-
est to knights of Honor. Pump was re-
porter of Unity Lodge and suicided on
July 4th of last year. Within sixty days
after his death two life insurance policies
calling for $1,000 each were presented for
payment, one by the widow and the other
by Nj. Sartorius.
1t seems that Pump in his capacity as
reporter had access to all the blanks and
books OF the lodge. He took out policy
on his life in proper form for $1,000. The
plan at that time was to make the policy
payable to the person by whom it was
taken out and by filling up blank form
at the bottom he could will the money to
anyone whom he chose. This was done in
favor of Mrs. Pump. They afterward
transferred the policy to creditor as
security for a debt. When the Supreme
Lodge decided to change the form of the
Polielee and make them payable to the
beneficiary direct, Pump appropriated one
ofthem, without substituting the old policy
as he should have done, the law OF the
orderallowing no member to take out more
than one policy. This one was made pay
able to Mrs. Henrietta Pump, and was
presented by her for payment after Pumps
suicide. The other original policy had
passed into the hands of NJ Sartorius, and
when suit was entered by him, the ques-
ton as to which policy should have prece-
dence came up, and the following facts
were brought out:
On April y, 1876, Unity Lodge, Knights
of Honor, of Memphis, issued a certificate
whereby it was certified that Simon Pump
had received the degree of manhood, that
he was beneficiary of the lodge in good
| standing that in accordance with and un-
der the provisions of the laws governing
the order, the sum of $1,000 would be paid
by the Supreme Lodge of the Knights of
Hsnor ef the World, as a benefit, upon
due notice of his death and the surrender
OF the said certificate to such person or
persons as might by will or entry on the
| record-book of the lodge or on the face of
the said certificate, direct the same to be
paid, provided he were in good standing
when he died. The said certificate was
properly signed and sealed, and Pump
had lndorsed thereon in writing his
will that the benefit named should be
paid to his wife, Henrietta Pump. Prior to
March 20, 1877, Pump had become in
debted to Jacob Sartorius and Charles
Reinig for goods sold for them by him
while in their EMPLOY and the money for
which he received and used and failed to
account for to the amount of Sl629 S5.
After such Indebtedness accrued the firm
OF Sartorius d Reinig made an assignment
OF all its assets and property to Isaac
Happek as assignee in trust for all its
creditors. On March 20, 1877. Happek,
| assignee, and Simon Pump entered into
an agreement in writing by which, in con-
slderation of the Indebtedness of Sl629 SIS,
Pump executed thirty-two notes, dated
April /, 1877, and maturing at monthly
intervals. All fell due, each note except
one falling last due being for $50 and the
last being for $40 So, all papable to l..
Happek, as assignee of Sartorius 4 Reinig.
1t appeared by the agreement that Pump
transferred to Happek all the claim he
held in the policy or benefit before men,
toned. Pump further agreed to pay his
dues upon the policy regularly, and to
keep it clear of any incumbrance On
failure to pay his notes the holder of the
| policy was to be entitled to the benefits to
be derived from it on Pumps death. On
the same date Henrietta Pump signed a
transfer to Happek of the same policy.
Unity Lodge was notified of this transfer,
and on March !, 1879, Happek sold out all
the assets, ETC., belonging to him as
assignee to j. T. Shermeyer, including
Pumps notes. Shermeyer afterward sold
them to Nj. Sartorius, the plaintiff in this
case, who is now the holder. Pump died
July 4, 1882, being at the time member
in good standing of Unity Lodge No. 2I7,
the policy mentioned being in force at the
time. Due notice was given of plaintiff s
claim to the Supreme Lodge. 1t appears
that by the usages of the lodge this policy
was properly transferred, and the court
orders that the amount of the notes
Sl629 50, with S502 rs interest be paid as
far as possible by the clerk and master OF
the Chancery Court, who holds the amount
of the policy, $1,000.