Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-10-15
in NEUTRALITY-SUSPICIOUS.
Recent Decision of Missouri Court
Effects Many Lodgemen.
DUES MUST BE PAID PROMPTLY
John Tevis Estate, of Missouri, Wins
a Suit for Value of His Policy, Dues
of Which Were Paid After He Had
Died.

The court of appeals of Missouri has
just rendered decision that will be
Of great interest to the thousands OF
lodge members of this city, especially
those belonging to fraternal societies.
That court holds that unless policy
of insurance is cancelled as soon as it
is lapsed, the society is liable for the
face of the policy. The case at issue
is one by which the heirs OF John
Tevis of Excelsior Springs, Mo. will
be paid the face value of his insurance
policy in the Modern Woodmen of
America, although his policy had been
overdue two weeks and the dues We're
not paid up to date until after two
hours after his death.
John Tevis died at his home in Elk
celsior Springs about a year ago. He
carried policy in the Modern Wood
men of America, but was behind in his
monthly dues. About two hours after
his demise these were paid. That Or
ganlzation, represented by John Sulli-
van of Kansas City refused to pay the
insurance policy Tevis had carried,
claiming that because Tevis was de-
linQuent two weeks the policy was in
validated by it's terms.
1t was shown that Tevis, in common
with about 80 per cent the total local
membership of the organization wa
invariably from a day to a fortnight in
arrears and the contention of Hark-
less, O'Grady & Crysler, attorneys for
the widow was that inasmuch as the
custom had been to accept Tevis' mon.
| ey Notwithstanding it was generally
rendered IN arrears the same money
and tender must be good after death
notwithstanding then the policy would
/ be Immediately due. The trial court
said this was COOL law and now the
court of appeals affirms the decision.
Wanted to Refund Dues.
| The case was stubbornly fought
John Sullivan, mead of the order in
Kansas City, sought u save the
amount of the policy b returning the
amount of the monthly installmenr
paid in by Tevis' brother two hour:
after Tevis' death, though it wa:
shown that neither Tevis nor the ag
ent of the lodge who received the mon
! ey knew at the moment the man wal
dead. Sullivan offered the none.
back to the heirs, who refused to &C
cept it.
Then" said Mr.. HAIRLESS durins
the trial, he offered it to the court MAJ
shall and he refused to take it. He OF
fered it to the clerk of the court an
again it was refused and l am surpris
ed that he is not here now trying t
offer it to you gentlemen of the jury
/ Every effort was made to return tn
f1a al fhat
: inasmuch as the custom of the lodg
quents, while they lived, it must con
tinue to take it from their representa-
tives when dead in order to keep III
the policy.
Must Follow Precedent.
In other words said Mr.. HAIRLESS
the court held, and now it is sustain
ed above, that member of fraterna
order whose monthly assessment j
due, say on the first of the month bu
whose lodge does not meet until tn
middle of the month, If he has been i
the habit of paying in his money tw
weeks behind time, and he should hal
pen to die on the fourteenth, the mex
day, il his widow would go with hi
assessment, the lodge would have t
accept it and pay her the amount Q
the policy. The order tried to sho,
that the secretary who took the month
ly assessment was the agent of tn
members and not the agent of tn
lodge. The court now holds that he
the agent of the lodge and not the al
ent of the members. just as tickle
seller is the agent of a railroad, an
f, not the agent of the man to whom
sells ticket. Being the agent of tn
lodge, what that secretary does he doe
for the lodge. and the day he starts
accepting dues from the members a
ter the appointed time, that is the da
2 he abrogates all clauses in the polio
which say that if dues are not paid b
a certain time they will be null an
:. void"
e This is not the view Mr. Sulliva
sought to show was the law, but no
2 that the court of appeals has sustai'
ed it, the decision is final. 1t will e
/ feet many thousand lodgemen in tt
$ country and may result in lodges e
+ forcing the rule of policies lapsin
t when dues are not paid. To enfort
j that rule might mean the sacrifice
i regiments of members, as pay da,
4 are not always convenient, or "lodg
!, nights" are missed.
u