#### Freida Gauger, Appellee, v. American Patriots, Appellant.

Gen. No. 18,428.

(Not to be reported in full.)

Appeal from the County Court of Cook county; the Hon. W. F. Slater, Judge, presiding.

Heard in this court at the March term, 1912.

Reversed with finding of fact.

Opinion filed January 12, 1914.

Statement of the Case.

Action by Freida Granger against American Patriots, a fraternal insurance corporation, to recover upon a benefit certificate issued by defendant upon the life of *491Friedrich Danger. From a judgment in favor of plaintiff for five hundred dollars, defendant appeals.

Abstract of the Decision.

1. Insurance, § 746 * —when constitutional provision of fraternal order is-part of contract. Provisions of the constitution of a fraternal insurance order is a part of the contract where the certificate itself and its acceptance and the application for reinstatement are made subject to the constitution and the laws of the order.

2. Insurance, § 843 * —when constitution of fraternal order avoids certificate when member dies while in custody of the law. A section of the constitution of a fraternal insurance corporation providing, that if a member dies “while in the custody of the law” the certificate of membership shall be null and void applies so as to render the certificate void where the member dies while committed to the House of Correction, and the section applies though there is no causative connection between the custody and the death.

Albert J. W. Appell, for appellant.

P. S. Webster, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Brown

delivered the opinion of the court.