Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-03-26
Supreme Court Decides Case of In.
terest to Lodge Members.
NEGLIGENCE CAUSES LOSS OF $4,000
Because Assessment Was Three Days
Late it Was Refused and Insurance
Was Not Paid-ltems of Interest to
Lodge Members.


orders in the city was recently hand
ed down in the United States court of
appeals. 1t was the case of ----
order VS.. Anna T. Taylor and was re-
manded with instruction that the plain
tiff was not entitled to recover. The
decision will be of interest to frater
nal organizations and members in
eured against death in thes organiza-
lions.
Anna Taylor is the widow of George
F. Taylor member of local lodge
of an order in Denver. He was insured
for $4,000 in 1891 and died in Novem-
Der, 1900. Payment of the insurance
certificate was contested on the
ground that he had not paid the month
ly assessment for October. 1900, due
on the last day of that month and was
therefore suspended according to the.
bylaws.
The collector had failed to pay Tay-
lor's assessment for October, as he
had been in the habit of doing when
over due, and when it was rendered
three days late just before Taylor's
death it was refused on the ground
that under the bylaws Taylor was I'M
der suspension. Mrs. Taylor recover
ed judgment against the order, which
appealed.
Judge Thayer, writing the opinion,
says the question at issue is iSo deter
mine whether the supreme lodge was
cognizant of the practice of the col
lector in accepting the assessment of
Taylor after he was delinquent and
whether it ratified such practice by
accepting the delinquent's assessment
in violation of its bylaws. He finds
nothing in the evidence to warrant the
assumption and orders the case re-
manded, with instructions to the trial
court to instruct the jury that the
plaintiff is not entitled to recover
The order which contested the claim
was not the Maccabees, and the name
4 is withheld for obvious reasons. The
decision is of vast Importance to the
beneficiaries of the various orders.
| Here was a man carrying $4,000 for
nine years, paying in at least 5000 in
the meantime, and yet each month by
his nsglecting to pay on time his wild
ow loses $4,000, which would undoubt-
| edlv have been paid had he perform
| ed his duties, prescribed in the by
/ laws. by paying before the first of the
/ SUecGSulllS IbUHtil oUiiS VI tHosC
who are opposed to such insurance
may remark. so much for Your fra
! ternalism" Yet these same peonle
/ would not conduct business with
4 thousands of strangers on any but the
soundest of business principles, which
according to the supreme court. the
lndee endeavored to and did conduct
4 its business.
Warning to Delnquents.
To those who are chemically SLOW
in the payment of their monthly as
sessnent this should be a warning
( Any person who allows another not
directly interested in his welfare, tc
pay his assessments instead of looking
7 after them individually is taking many
! chances. The members of the various
i fraternal orders in the city should
I learn from the above case and the
| Maccabees especially are urged the ne
cessity Of prompt payment OF their as
Il sessment. The record keeper is no.
4 employed to call upon the members
4 for their assessment He is not pait
Il salary which would justify such ;
i procedure. The widow and orphan az
, is the case, is the one to suffer and no
the member himself.
i State Commander Ermerius of De!
{ Moines, passed through the city las
week and made few hurried call:
upon some of the members. He re
ports business as good, all over thu
state and prospects very fattering TO
the future.