The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-15

OPINION OF THE COURT BY FREAR CT
This is bill in equity by tie widow of late member of the
n corporation for discovery matters relating to the
due her from the defendant the death of her husbands
for an accounting concerning such benefit; and for the can
an which the Society desires to set off
against such benefit
The defendant Society admits that it the plaintiff
@ benefit amounting to 1899 but contends that it is entitled
off against this for 800 payable signed by
the plaintiff and her husband consideration of loan of that
advanced pay for operation performed upon the
husband from the effects of which he died The plaintiff
lends that the Society obliged pay for the operation
SEX benefit by the terms of its bylaws and that the is void
r because procured by the misrepresentation of the
>e officers that the Society would not be liable for the
cost Of the operation because there consideration for
the note nasmuch it given for payment which the
Society bound to make in any event.
The provision of the bylaws question reads follows
Article The Society grants to members having years
membership the following benefits
y At the members option day during his illness;
medical attendance medicine and half dollar day; the
amount of his hospital bill and in cash sufficient to make
a3 with the hospital bill, the of $1.25 per day.
p The Society is in no case authorized pay any hos
aL for treatment of member than $1.25 per day.
Neither party contends that the case within the first of the
t classes Of benefits mentioned in this bylaw that is, 1925
o during his Illness The plaintiff contends that it is with
Tue second class that is medical attendance medicine and
M dollar day" The Society contends that it is within the
l class namely, ''the of his hospital bill, &c. If
WITHIN the third class it clear that the sick benefit could
M exceed 1925 day for the seven days that the plaintiffs
nd was at the hospital (which sum- amounting in all to
" the Society ready pay and there could in such
fraud Misrepresentation want of consideration and
note would be valid. If the under the second
~ The defendant would be liable for medical attendance
Naon to half dollar day" whatever the amount might
f the limitation 81 % day does apply to that class
h case the further questions would arise whether medical
ahce would include capital operation or structure OF
@ILagns costing $500 and if it did, whether the note
| be void under the circumstances 1t will be unnecessary
" consider these questions as of the opinion that
e comes within the third class above mentioned
% oececent taken i'll April H. 1892 and then elected
second class of sick benefits namely medical attendance,
lh question whether he changed his election to the
~ cas afterwards when he went to the hospital. On May
% deecent decided on the advice of his physician to go to
pa and have the operation performed. lie SO notlhed
Tie officers of the Society who in notified It's presl
Inc officers explained to him that if he went to the nos
Would be entitled to only 81 25 day. There seems
e doubt what the various officers thought as 70
Ae decedent would be entitled the amount OF the zee
Operation as part of the medical attendance if he had
'aon performed at home though that point apparently
s 'ei'e much attention The reasons tor gong 70 ''
We're that the chances of recovery would be greater ana
ss 's@ On the next day the removal was mace 70 1ne
As the surgeon wanted his fee in advance ana uie