The Irish standard., 1906-06-02
A DISPUTED CASE
Settled In Favor Of the Catholic
Order of Foresters.
Interesting Reading For Men,
bers of Other Societies.

|
Gently decided i'll Cleveland. Ohio. by
Judge Beacon. the courts decision
herewith published being taken from
the Ohio Law Reporter After having
plaintiff the Judge said:
Some things are not in dispute be-
tween the parties hereto. 1t is I'M
disputed that one Dennis Fahey i'll
1899 became II member of the defend
ant Order; that in October, 1901, he
failed to pay his assessment for that
month and likewise in November fail
ed to pay his assessment for that
month: that on the last day of No
vembcr he was suspended from the
Court in accordance with the rules of
the Order; that he was then in bad
health. and according to the rules
could not be reinStated without OBJ
| tanning IL doctors certificate. which. by
reason of his condition of health, he
was unable to obtain, or at least did
not obtain; that he was never REIN
stated: and that he subsequently died
of the disease with which he was then
afflicted. 1t is also undiSputed that
plaintiffs herein are the beneticiaries
of his membership il there be any one
entitled to benefits by reason of the
membership of Dennis Fahey at one
time in the society.
1T is clilned, however. by plaintiffs
that although Dennis Fahey was sus
pended from the Order. the Order had
waived his failure to make his pay
ments at the times required by its
rules by reason of previous dealings
With other members, which previous
dealings had been brought to the at
| ten1iun of the Order, that is. to the
! attention of the governing officers of
the order, and that the failure of these
| officers To disapprove thereof had war;
rantch him in believing that these rules
as to the time of payment would not
be enforced.
tcnce, and there is no offer to produce
amy evidence. tending to show that any
person in Il condition similar to Dennis
l'ahcy Was ever reimstltcd after suS
pension. IT has been suggested by
counsel that one Tate was suspended
at about the same time. perhaps under
Il
uuently restored. But the only kind
of conduct of that kind that can ever
be introduced in evidence, is evidence
of previous acts of Il society in a mat
ter of the same kind. for the purpose
of showing that Dennis I'ahey. or the
person i'm question. knew or probably
acts of that character. and therefore,
believing that that Was the method in
which the society did business. failed
To fulnli promptly his obligation. be-
Loving from what he knew of the
former conduct of the society that that
failure would be waived.
the principle of estoppel. When officers
have approved of il method of dealing
not in strict accord with written rules.
other persons knowing thereof may
justly assume that they may act in the
same way. Therefore the society will
not be allowed To enforce the rules
,,{ hnS. lad
persons to believe tho rules might be
violated. That would be to allow the
society to perpetuate Il fraud. But evil
dcnre that the society had waived the
requirement of prompt payment in the
c;lsc of persons in sound health could
not warrant ANY one III believing that
ment in the ease OF Il perS N dying IF
II mortal disease. IS W,> The Ease with
Dennis lrahey. Therefore any sub
scuucnt acts of t!,t scciet,. r,Ild not
nave misled Dcnni:; Fancy.
in the second place no agent CAL
act beyond the scope If his authority.
iuu llobouN ttll waive IL PROVISION "
n contract except the person himself.
and in the case of an insurance COM
pany ii is only the company. that is.
the officers in control of the company
and of its policies, that can waive any
thing. / have said in another case
| that in the case of an insurance COM
pany where. there was II provision
that payment of premium must be
made in cash or that the policy would
| he invalid. if the agents of the COM
! pany had frequently waived that pro-
vision. or had not infrequently waived
\ 1T. and If that had been brought to iii"
attention of the managing officers and
failed to dissent therefrom. then the
jury might find that there haL been ii
waiver of that provision and tina, the
parties had acted with the belize thai.
| in the conduct of it's business. the
company would not enforce that pro-
vision do not mean to indicate that
Il brotherhood association. a fraternal
Order. is subject to the same rules as
an insurance company, in which tie
insurer are standing in antagonisrl as
distinct parties. But that I will com"
| to later