Milford chronicle., 1893-12-29

Il est 10 SO uidu1 PNOPA~3 ANs-e - -
with printed in full;
RKBEccA RMMoNs, Nys, Castle County.
vs. Nov. T, 1898
2I, o. 0. F.
Gentlemen offhe Tu,.y: This is an action
of assumit brought by Rebecca Emmons,
the plaintiff, against Hope Lodge, No. 2I,
lIO .. F., to recover under Article of
the bylaws of said association the sum Of
$500. with interest from the 5th of April,
1900, which she claims as due her for funeral
bene fits under the provisions of said article
by reason of the death of her husband
William Emmons, who was member Of
said association.
It is admitted that Rebecca Emmons,
the said plaintiff is the widow of William
Emmons, who for many years past has
been member of said association and that
her said husband departed this life on the
5th day of April, 1890. The said Article DO.
8 in said bylaws, under the provisions OF
which said plaintiff seeks to recover, is IN
these words, viz:
SEC /. In case of the death of a member
in good standing the sum of two huncred
dollars shall be allowed as funeral benefit
&c.
Upon this section the plaintiff rests her
right of recovery, aud we must say to you
that if the plaintiff proves to your satisfac-
tiou the requirements contained in said
article, she is entitled to recover. 1t you
are satisfied that from the evidence offered
] A. Of "a T1qfuffff
was member of said ASSOCIATION in good
standing at the time of his decease, she is
entitled to recover. Being a member in
good standiue is fact to be determined by
YOU from the evidence offered, and you are
the sole Judges of that fact; but in order to
direct you as to the ascertaiumeut Of that
fact. we will refer you to the constitution of
said association (which has been offered in
evidence) and you will find set forth in sec
ton I2 Of Article ?, page 10 of said constitu-
ton, as follows, viz:
Sec. u. Members in good standing"
within the meaning of the laws Of the order,
shall be: First contributing members OF
the lodge who are not indebted for dues and
against whom no charge Of delinquency or
mis- conduct is pending; and, Second, all
members endorsed by legal cards.
The constitution, you will see from said
section quoted, defines what is meant by a
member in good standing. Was the de
ceased member a contributing member OF
the lodge, and does the evidence offered sat
isfv YOU that such was the fact, are you salts
fed from the evidence that he at the time Of
his decease was not indebted thereto for
dues that there was not against him any
charge oe delinquency or misconduct then
pending If you are satisfied from the
proof that he was a contributing member OF
the lodge, was not at his decease indebted
TO the lodge for dues. aud that there was no
charge of delinquency or misconduct pend
ing at his decease, then under the provision
of said constitution he was member in
good standing, and you shall so md
We will say to you, gentlemen, that the
right of recovery in this case is based en-
tirely upon the constitution and by laws of
said association; both sides are alike bound
bv them, and each alike is bound to comply
with the provisions therein contained. The
evidence IN this case, not disputed and ad-
mitted on both sides, shows that for many
years the deceased husband paid up in full
and regularly his dues until about the goth
of February, 1890, when he fell behind some
AZ or 65 cents, but that on the 10Th of March,
1900, he paid in full all delinquencies and
an excess such as at the time of his decease
there was due him from the lodge an exces
of some S. Now, under the provisions Of
said bylaws, if the member fails to pay his
dues on time, he did not cease to be mem
ber but could pay up the same, though as
penalty incurred by reason of Heglect, was
deprived of the right TO receive (if sick or
disabled) benefits during such sickness, or
for one month after his Indebtedness shall
have been paid, There is no need for the
court to put any construction on this bylaw,
which is section of Article No. 7; for the
same is not involved in this case. Under
this provision, the defendant claims that
the said William Emmons, being delin-
quent and not having paid his full indebt-
edness until the 10Th of March, 1890, he,
until the provision of said bylaw, could
not until the expiration of ole month from
said 18TH of March, 1890, receive benefits
for sickness but that having died before
the expiration of one month he was not a
member in good standing, and hence his
widow was not entitled to the funeral
benefits.
The court do not agree to the eonstruc-
tion contended for by the counsel for the
defendants, for allowing the bylaw, as BY
its express provisions declared, it only i'm
poses the withholding from member any
benefits Tor sickness for one month from
the time he pays his dues, but in no way
affects the right of his widow to funeral
benefits, unless it can be shown that said
member was not in good standing at the
time of decease it is not claimed that there
were any dues unpaid or charge Of delin-
queucy of misconduct pending. It is ex-
pressly pooved, and not denied, that all
dues we're paid and an excess of s. on the
10th of March, 1890, when the said Eamons
died on the 5th of April. 1890. We find
nowhere in the bylaws anything affecting
the good standing Of a member or defining
the same, save in the constitution, and 10
that we have before referred.
We have beer asked to charge you (by
the defeudants) that William Emmons, who
entered intoan became member Of Hope
Lodge, etc. the defendant in this case, was
presumed to know and was bound by the
bylaws and constitution of the said lodge.
We agree thatin this case the counsel for the
defendant is correct; for if it be proved to
your satisfaction that William Emmons did
any act which shows to YOU that under said
consultation and by y.laws he was not mem
Der in good standing at his deeease, the
plaintiff has no right to recover in this ac-