Washington Camp No. 32, Patriotic Order Sons of America v. Klug

²⁰⁰ Urner, J., delivered the opinion of the Court. The appellant is a fraternal and beneficial association, and the appellee’s husband, Thomas J. Klug, was one of its members from August, 1900, until his death on March 10, 1917. This is a suit by the widow to recover a funeral benefit fund of two hundred and fifty dollars to which she claims to be entitled under the by-laws of the order, and the appeal is from a judgment rendered on a. verdict- in her favor for that amount. The only question in the case is whether the husband was in arrears as to the payment of dues to such au extent as not to be a member iu good standing at the time of his death.

The by-laws then in force provided that the dues of members, of the insurance class to which Mr. Klug belonged, should be $10.25 per annum “payable quarterly on or before the last meeting night in March, June, September and December,” and that a member allowing his account to remain unpaid eleven weeks should he notified by the Financial Secretary of his indebtedness, and should at the same time; have his attention “called to the fact that after he is thirteen weeks in arrears, he forfeits all privileges except admission to camp room; nor shall he he entitled to receive sick benefits for a period of six weeks after all arrearages to date are paid.” On the subject of funeral benefits the by-laws provide: “So long as this camp shall retain its -membership- in any Funeral Benefit Associations, there shall he- paid to the heirs of a deceased brother the full amount received from the; said associations in which he had been enrolled by the Camp, less the costs of claim and all other charges legally due this Camp- at the time of death, provided the brother was in good standing at the time of death, and all requirements exacted by the laws of said Funeral Benefit Associations have been complied with.” It was proven that the appellant was a member of the Maryland Death Benefit Association, in which also it caused Mr. Klug to be duly enrolled. The by-laws of that associa ²⁰¹ tiorn provide, in j)art, as follows: “The funeral benefits payable by the Association upon the death of a m,ember of an organization bolding' membership' and in good standing: in this Association shall be as prescribed in the following sections of this article, provided * * * that the said member was in good standing in his or hex organization *• * * A deceased member of an organization having membership in this association shall be held and considered in beneficial standing in his or her organization at the time of bis death, providing that lie or she did not owe three months’ dues, or over at the occurrence of such sickness or accident, which caused death * * jj It is conceded that if Mr. Klug was in “good standing” in the appellant order when he died, the sum of $250.00 was collectible by it from the Death Benefit Association and payable to the appellee. A formal claim for this funeral benefit was presented by the appellant to the Death Benefit Association, but the claim certificate, as prepared by the appellant’s officers, included a statement