Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-12-28


The recent trial Of the case of Rehecca
Emmons VS.. Hope Lodge, No. 81, l. o.
o. F., of this city, in the superior court
of New Castle county, was matter of
deep interest not only to Odd Fellows,
but to members of all beneficial secret
societies. In this case the plaintiff sued
for funeral benefits on account Of her
deceased husband, the lodge contend
ing that according to the bylaws of the
organization her husbands delinquency
with respect to the payment of dues
had caused forfeiture of her right to
these benefits. The jury, however,
found for the plaintiff. Since this trial
the various beneficial secret societies
have appointed committees to take into
consideration necessary changes in by
laws and constitutions to regulate cases
of this character, as the charge of the
court In the Emmons case was largely
the guide that determined the jury in
finding the verdict. This charge, de-
livered by Judge Cullen, is SO important
in its bearing, and of such direct inter-
est to so many people, that 1t is here
with printed in full
hh'r''4 vs. EAA0s'' New Castle 4 Con-
HoPE LoDsE, No. Action MDv Of Ass sugI
Cullen, j., charging the jury.
Gentlemen Of the Jury: This is an action
of assumsit brought by Rebecca Emmons,
the plaintiff, against Hope Lodge, No. q,
]. o. o. F., to recover under Article of
the bylaws Of said association the sum of
500, with interest from the 9Th of April,
1890, which she claims as due her for
funeral benefits under the provisions of
said article by reason OF the death of her
husband, William Emmons, who was a
member of said association.
II is admitted that Rehecca Emmons,
the said plaintiff, is the widow of William
Emmons, who for many years past has
been a member of said association and
that her said husband departed this life on
the 9th day of April, 1890. The said Article
No. s in said bylaws, under the provisions
of which said plaintiff seeks to recover, is
in these words, viz:
sEo :. In case: OF the death of member
in good standing the sum OF two hundred
dollars shall be allowed as funt raj benefit, &c.
Upon this section the plaintiff rests her
+ right of recovery, and we must say to you
that il the plaintiff proves to your salts
faction the requirements contained in
said article, she is entitled to recover. If
you are satisfied that from the evidence
offered in this case the husband of the
in good standing at the time of his decease,
she is entitled to recover. Being menu
Der in good standing is fact TO be deter.
mined by you from the evidence offered
and you are the sole judges of that fact
but in order to direct you as to the ascer.
eAinment of that fact we will refer you to
the constitution of said association (Which
has been offered in eyidence) and You will
find set forth in section II of Article q
page 10 of said constitution, as follows, viz
Sec 12. 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 Tor dues and against whom
no charge Of delinquency or misconduct II
pending; and, Second, all members endorsed
bytlogal cards.
The constitution, you will see, from sale
section quoted, defines what is meant by
member in good standing. Was the de
- ceased member contributing member o
the lodge, and does the evidence offeret
satisfy YOU that such was the fact, and art
you satisfied from the evidence that he a
the time of his decease was not indebted
thereto for dues and that there was no
against him any charge of delinquency Of
misconduct then pending. If you arr
satisfied from the proof that he was u con
tributing member of the lodge, was not 0
his decease indebted to the lodge for dues
and that there was no charge of delin
Quency or misconduct pending at his de
cease, then under the provision of salt
constitution he was member in goot
standing, and you should so find
We will say to you, gentlemen, that tn
right of recovery in this case is based en-
tirely upon the constitution and bylaw
of said association; both sides are alik
bound by them. and each alike is boun
TO comply with the provisions thereil
contained. The evidence in this case, nc
disputed and admitted on both sides
shows that for many years the decease
husband paid up in full and regularly hi
dues until about the 10Th of February
1880, when he fell behind some 45 or [
cents, but that on the 18th of March, 1881
be paid in full all dehnquencies and u
excess such as that at the time of his d
cease there was due him from the lodge
excess OF some 81. Now, under the pre-
visions of said bylaws, If the meInhC
fails to pay his dues on time, he Iii
not cease to be u member, but could pa
up tine same, though as penalt
incurred by reason ofneglect, was deprive
of the right 10 receive III sick or disabled
benefits during such sickness, or for OF
month after his indebtedness shall haN
been paid. There is no need for the cou
TO put any construction ON this bylaw
which is section Of Article No. Z; for Il
same is not involved in this case. Und
this provision. the defendant claims til
the said William Emmons, being deli
quent and not having paid his full indet
edness until the 10Th of March, 1880, h
under the provision of said bylaw, cou
not until the expiration OF one mon
from said 18th Of March, 1890, recei
benefits for Sickness but that having di
before the expiration of one month
was not member in good standing, al
hence his widow was not entitled 10 d
funeral benefits.
The court do not agree TO the constrr
ton commended for by the counsel for t
defendants, for allowing the bylaw, as
JUS express provisions declared it only il
poses the Withholding from member al
benefits for sickness Tor one month fro
the time ne pays his dues, but in no "
affects the right of his widow to funei
benefits, unless IL can be shown that 81
member was not in good standing at
time of his decease. In this case, at t
time of decease it is not claimed that thu
were any dues unpaid or charge of del
quency of misconduct pending. IL is
pressly proved and not denied, that
dues were paid and an excess of 81 on
18th of March. 1880, when the said EmmC
died, on the 9th of April, 1880. We Fl
nowhere in the bylaws anything Affect
the good standing OF member or deiini
the same, save in the constitution, and
that we have before referred.
We have been asked TO charge you
the defendantsJ that William Enmo
who entered into and became u member
Hope Lodge, &c, the defendant in t
case, was presumed to know and
bound by the bylaws and constitution
the said lodge. We agree that in this C
the counsel for the defendant is corr
for il it be proved to your satisfaction Il
William Emmons did any act which she
to you that under said constitution O
bylaws he was not a member in g
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