The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-12-22
MUST TRUE ANSWERS GIVE.
Supreme Court Renders Decision In
teresting to Fraternal Orders.
From Mondays Daily.


From Mondays Daily.
The state supreme court has just
handed down an order which is of in
terest to fraternal organizations. 1t
was in the case of Araminta H. Taylor,
respondent VS.. the grand lodge of the
Ancient Order of United Workmen of
Minnesota, appellant.
The respondent loses a $4,000 policy,
which her husband held in the order,
because of a false statement of age,
made in the application for membership.
The appeal of the society was on an
order vacating judgment for the So
ciety and ordering a new trial.
Judge Elliot says in the syllabus:
A made a written application for
membership in lodge and therein stat
ed that he was fourty -four years of age.
The laws of the order restricted the
membership to persons under forty-five
years of age at the time of their admis-
sion. Accompanying the application and
as part thereof, as a certificate signed by
the applicant, which contained the fol-
lowing language:
81 certify that the answers made by
me to the questions propounded by the
medical examiner of this lodge, which
are attached to the application and form
part thereof, are true; and if it should
thereafter appear that have made any
false statements in any particular, not
withstanding in the meantime l pay all
upon my part, that the false statements
and actions shall render null and void
forever any beneficiary certificates to be
hereafter issued upon the basis of this
agreement and medical examiners re-
port attached to this application"
The beneficiary certificate was issued
to A, in 1898, and from that time UNI
til his death, in 1908, all dues and as
sessments were regularly paid.
After death the lodge learned for the
first time, from the proofs of death,
that when application was made A, was
more than forty-fve years of age, and
the trial court found that the statement
that he was fourty -four years of age
was false and fraudulently made for the
purpose of obtaining a membership in
the lodge After the lodge learned that
there was a discrepancy between the
statements contained in the application
and the proofs of death, it suggested to
the beneficiary that it would be well for
her to select an attorney with whom ne
gotations could be carried on. and this
was done. The assessments which had
been paid were never returned, but the
lodge was at all times willing to return
them, and so notified the attorney for
the beneficiary and administrators. Up
on these facts it is held:
That the understatement of his age
by the applicant increased the risk and
was material as matter of law.
That the beneficiary certificate which
was issued to the applicant was null and
void alb mite.
That as the beneficiary certificate was
obtained by actual OBLIGATION to return
what had been paid as assessments be
fore it could claim that the contract
was not in force.
That the lodge was not estopped to
claim that the beneficiary was
void by its request that the legis
ficiary name some one with whom it
could negotiate with reference to the
claim.
That there is nothing in the facts
and circumstances disclosed by this rec
ord to create an estopped or show that
the lodge waived the right to claim that
the contract was void.