St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-17

a certain sum of money due her on heI
husbands death, he having been q
member of the order. The lodge had
refused to pay on the ground that hel
husband had not paid his dues, and that
she was not entitled to the benefit of the
order. The lower court gave her YER
dict, ruling that the fact of dues not
having been paid up did not 1ebar a
member from benefits unless he had
been expelled. The lodge appealed the
case, but sustained defeat.
The syllabi OF the various cases are as
follows:
Lucia Scheufler, respondent VS.. The Grand
Lodge of the Ancient Order of United
Workmen of Minnesota, appellant. Order
and judgment affirmed. DICKINSON, j,
Syllabus: The defendant having held
itself out to be corporation and having
contracted with the plaintiff as such
held to be chargeable as corporation.
The contract of the defendant, in its
nature one of life insurance, embraced
the promise of the defendant to pay to
the plaintiff specified sum upon the
death of her husband, who was mem
Der of the defendant order but with
the express condition that he should com
ply with all the rules and requirements
of the order. The plaintiff suing on
that contract alleged generally such
compliance. The defense was that he
had been delinquent in the payment OF
dues and assessments particularly stat
ed in the answer. Held that the burden of
proof as TO such default was on the de-
PENDANT. The members of the order were
required by its constitution to pay spec
| ,t.,,, n IL Aot of a Am
Der, for the maintenance OF the Denef-
ciary fund, and by neglect to make pay
ment within time specified, member
ipSO factO forfeited his rights under the
beneficiary contract. Held. that notice
of such assessment made upon mem
beers must be given to them before they
| could be deemed to be in default for
nOn-payment.
MPeculiar provisions of the contractbe-
tween the corporation and the assured
member. found in its constitutions and
bylaws, construed as contemplating
that specified dues shall be payable
quarter yearly at specified periods with
out notice, but that member does not
forfeit his rights under the contract of
insurance merely by neglect to comply
with this requirement; that only by
formal suspension from the order for
|
IL being contemplated by the consti
tuition of the order that suspension
shall not necessarily result from the
non-payment of dues, the lodge being
authorized to ''otherWise direct" and in
view of the general rule that such rights
| of membership are not TO be declared to
be forfeited without notice or opportun
! ity to be heard, held that a declared
! suspension, eX parte and without notice,
is Intellectual to terminate the obligation
of the defendant under the contract.
Erroneous sfindings sof fact afford no
grounds for new trial where it is ap
parent that if such findings had been
different the result would necessarily
have been the same.
| Sanford S. Small, respondent, VS.. The Min
! neapolis Electro Matrix Company ct al,
appellants. Order affirmed.
DICKINSON, J.
Syllabus: A resolution of board of
directors of domestic corporation con-
strued as contemplating Gf ratified at
meeting of stockholders called for that
| purpose) transfer of its property and
surrender of the management of its
business to foreign corporation for the
period of twenty-five years, in consider
alton OF specified percentage of the
| proceeds to be paid by the latter. Held.
| that at the suit of non-assenting
stakeholder of the domestic corporation
such contemplated acts should be en-
joined.
The State Sash and Door Manufacturing
| Company, respondent, VS.. The Norwegian
Danish Evangelical Lutheran Augsburg
Seminary. appellant. Order affirmed.
DICKINSON, j.
Syllabus: While material was being
! supplied from time to time, as needed,
| for the construction of a building, pur-
suant to a contract not specifying the
price, certain material was supplied for
the same purpose upon an agreement
| then made between the same parties
specifying the price. Held that, so far
as concerns the right of lien, the fur
nishing of all the material may be
treated as an entire transaction, and
| the filing of the lien account within the
prescribed time after the last delivery
| is sufficient.
Oliver Crosby ct al, appellants VS.. Horne
and Danz Company, respondents. Judg-
ment affirmed. DICKINSON, j.
Mimi, 12S, followed. Evidence held to
Justify finding that the relation of
landlord and tenant did not exist be-
tween the parties.
Lena Nauer. respondent, vs. Francis A. Ben.
ham, appellant. Order affirmed.
DICKINSON. J.
Syllabus: In an application by
defendant to set aside Judgment
quieting title in the plaintiff, rendered
after service of summons by publica-
ton. the discretion of the court may be
influenced by the long-continued neg
lect of the defendant, both subsequent
and prior to the Judgment, to interfere
with the adverse occupancy of the land
by the plaintiff, TO pay taxes thereon, or
to assert any rights respecting it.
Vandelburgh, j., did not sit.
T. A. Dennis, respondent, vs. Samuel Spen-
GER appellant. Order reversed and new
trial granted. DICKINSON, j.
Syllabus: Under an allegation of
contract between the plaintiff and defen-
dant, proof of a contract made between
the defendant and another party, and
assigned by the latter to the plaintiff, is
not an lmmaterial variance, but fail
ure of proof. Upon conflicting evil
dence, held that it was error to direct
a verdict.
A BAD BLUNDER
BY an Evening Sheet in the Levee
Land Suit.