{
  "id": 5205391,
  "name": "Supreme Lodge Knights of Pythias v. Kate McLennan",
  "name_abbreviation": "Supreme Lodge Knights v. McLennan",
  "decision_date": "1897-03-29",
  "docket_number": "",
  "first_page": "599",
  "last_page": "604",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 599"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "31 S. W. 493",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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    "simhash": "1:22ed64bb565f98c8",
    "word_count": 2063
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  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Supreme Lodge Knights of Pythias v. Kate McLennan."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion oe the Court.\nThis was an action of assumpsit brought by appellee against appellant to recover on a certificate of membership or policy of insurance, as it is termed in the declaration. Which said certificate of membership is set forth in the declaration, in haec verba, the death of the assured, Kenneth McLennan, being averred.\nTo the declaration filed by the plaintiff below, the following plea was interposed:\n\u201cAnd the defendant says, that in a certain application for membership made by said Kenneth McLennan, which application was made a part of the said contract contained in said certificate, and was offered to said defendant as an inducement and consideration for the making of said certificate, the said Kenneth McLennan agrees to be governed by, and that the said contract so made should be controlled by all the laws, rules and regulations of the order governing said rank now in force, or that may hereafter be enacted by the Supreme Lodge, Knights of Pythias of the World, and that under the provisions and conditions of said supposed instrument in writing and supposed certificate of membership in said declaration mentioned, which terms and conditions were accepted by said Kenneth McLennan, the said instrument in writing and supposed certificate of membership were issued upon consideration of full compliance by the said Kenneth McLennan with all the laws governing said rank, now in force, or that may hereafter be enacted, and that he should be in good standing under said lawrs at the time of his death, and that it was understood and agreed that any violation of the condition contained in said certificate of membership, or the requirement of the laws in force governing said rank, should render said certificate and all claims under it, null and void, and that at the time of the issuing of said certificate, to wit, on the 22d day of August, 1890, and ever since the board of control of said Endowment Rank had full power to enact laws, rules and regulations, and to alter and amend the same for the government of said Endowment Rank, and that in pursuance of such authority the said board of control of said Endowment Rank did, on, to wit, at its regular quarterly session, held in Chicago, from January 12 to 13, 1893, duly enact and adopt the following law, rule and regulation : 1 If the death of any member of the Endowment Rank heretofore admitted into the first, second, third or fourth classes, or hereafter admitted, shall result from self-destruction, either voluntary or involuntary, whether such member shall be sane or insane at the time, or if such death shall be caused or super-induced by the use of intoxicating liquors, narcotics or opiates, or in consequence of a duel, or at the hands of justice, or in violation or attempted violation of any criminal law, then, in such case, the certificate issued to such member, and all claims against such Endowment Rank on account of such membership shall be forfeited;\u2019 of the enactment of which law the said Kenneth McLennan had notice and acquiesced in from thence up to the time of his death, and the said law, rule and regulation remained and was in force and governed the said Endowment Rank at the time of the death of said Kenneth McLennan; and the defendant says that the death of said Kenneth McLennan resulted from self-destruction, by reason whereof the said certificate and all claims thereon against the defendant became forfeited and the defendant not liable to pay the same, or any part thereof.\u201d\nA demurrer to this plea having been sustained, the defendant elected to stand by its plea, whereupon a jury was impaneled, and assessed the plaintiff\u2019s damages at the sum of $3,000.\nIt is urged by appellant that it appears from the declaration, that the contract sued on was not the contract of the Supreme Lodge, Knights of Pythias, of the World. The declaration alleges that the defendant, on the 22d day of August, 1890, made its policy of insurance and delivered the same to the plaintiff \u201c in words and figures following, to wit: \u201c Thereafter there is set forth the certificate of membership introduced in evidence.\u201d\nThis was a sufficient averment.\nThe endowment certificate purports to have affixed thereto the seal of the Supreme Lodge, Knights of Pythias, of the World. It was shown that the president of the Knights of Pythias had stated that the class in which the deceased was insured was sufficient to pay out $3,000 to each deceased member. This, in the absence of anything to the contrary, sufficiently showed that the endowment certificate was a \u00a1 contract made by appellant.\nIt is also urged that the declaration will not support the judgment, because it does not aver payment of all assessments required, the payment of assessments being, in the endoxvment certificate, made a condition of its remaining in force.\nIt does not appear that any assessments were made. If there were any, the burden was upon appellant to show it.\nIt is also urged that the declaration fails to allege compliance by the assured with all laws governing the rank in force at the time of the issuance of the certificate, or thereafter enacted.\nIt does not appear that there were any laws governing the rank in which the deceased was insured in force at the time the certificate was issued, or thereafter enacted. If there were any such, it was for appellant to show the same. The declaration alleges that the said policy was in full force and effect when the said Kenneth McLennan died. This was a sufficient allegation in that regard. Appellant made no denial of this charge, but relied upon the special plea which it filed, to which, as we have before stated, a demurrer was sustained.\nNor, under the pleadings, was notice and proof of death and good standing in the rank, at the time of the death of the deceased, necessary.\nThe plea, to which a demurrer was sustained, alleges that on the 22d day of August, 1890, and ever since, the board of control of said Endowment Kank had full power to enact laws, rules and regulations, and to alter and amend the same for the government of said Endowment Kank.\nThis is a mere pleading of a conclusion\u2014a statement as to the law.\nThe provision in the certificate of membership, or agreement which the deceased entered into, declares that a consideration of the obligation to pay the endowment therein provided for, is that the assured should comply with all the latvs governing the Endowment Rank of the order of Knights of Pythias then in force, or that thereafter might be enacted.\nThe agreement as to laws that might thereafter be enacted, was as to laws thereafter enacted by the Supreme Lodge, Knights of Pythias, of the World, of which the deceased became a member. There was no agreement that he was to be bound by laws that might thereafter be enacted by the board to control of the Endowment Rank.\nHad appellant pleaded that after the issue of said certificate, the Supreme Lodge, Knights of Pythias, of the World, with whom the assured had contracted, had enacted the law, rule or regulation set forth in the plea, appellee could have joined issue thereon. Such pleading would have raised a question of fact for trial by a jury; as it was, the allegation that the board of control had full power to enact laws and the law set forth in the plea, tendered only an issue of law.\nUpon an issue made as to whether the Supreme Lodge, Knights of Pythias, of the World, had made the law, rule or regulation set forth in the plea, appellant might have shown what the board of control had done, and what there was in the constitution or laws of the Supreme Lodge giving the board of control of the Endowment Rank authority to enact the law set forth in the plea. Appellee could not join issue upon the allegation that the board of control had full power to enact rules, laws and regulations for the government of the Endowment Rank, because such allegation tendered an issue of law, and not one of fact.\nIn pleading, facts only are to be stated, and not arguments, inferences, conclusions, or matters of law, in which respect pleadings at law differ materially from those in equity. 1st Chitty\u2019s Pleadings, 16th Am. Ed., pp. 236, 253 and 566.\nEvery plea should be true and capable of proof, for truth is the goodness and virtue of pleading, as certainty is the grace and beauty of it.\nThe plea alleges that of the enactment of the (alleged) law set forth therein, the assured had notice and acquiesced in from thence up to the time of his death.\nThis is an allegation that the assured had notice of, and acquiesced in, the action of the board of control of the Endowment Rank in attempting to create a new law.\nAs the manner in which the so-called law was created is set forth, the charge amounts to no more than that the assured had notice of, and acquiesced in, what the board of control had done.\nThe contract of the assured was with the Supreme Lodge,Knights of Pythias of the World, and not with the board of control of the Endowment Rank. Quite likely the parties to the contract might, by mutual consent, have changed its terms, but an attempt by one not a party to the contract to change the agreement did not alter the compact, although the assured might have had notice of, and acquiesced in, such attempt.\nIn Supreme Lodge, Knights of Pythias, of the World v. LaMalta et al., 31 S. W. 493, the Supreme Court of Tennessee held that the board of control had not power to enact the by-law set forth in the plea filed in this case.\nWe do not think that such question is before us, because the demurrer to the plea raised the question, not of the authority of the board of control to make such by-law, bat whether there was properly charged in the plea that any such by-law had been made by the Supreme Lodge, Knights of Pythias of the World, with which alone the assured entered into contractual relations.\nThe judgment of the Superior Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Benson Landon and William S. Forrest, attorneys for appellant.",
      "McDannold & Phelps, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Supreme Lodge Knights of Pythias v. Kate McLennan.\n1. Pleading\u2014Sufficiency of Averment that Gontract Sued on is Contract of Defendant.\u2014A declaration which names the defendant in its commencement and then alleges that \u201c the defendant made its policy of insurance and delivered the same to the plaintiff in words and figures following, to wit,\u201d and setting forth the policy sued on, sufficiently avers that such policy is. the contract of the defendant named in the opening clause.\n2. Same\u2014Payment of Dues to, and Compliance with Laws of Insurance Order.\u2014In a suit on an endowment certificate requiring payment of all assessments and compliance with all laws governing the order, as a condition to the certificate remaining in force, it is not necessary to allege such payment or compliance. If any assessments were made, or if there were any laws governing the order, it is for the defendant to show the facts.\n3. Same\u2014Facts only Should be Stated and not Matters of Law.\u2014In pleadings, facts only are to be stated, and not arguments, inferences, conclusions or matters of law, and an allegation in a plea that a board of control had power to enact rules, laws and regulations for the government of an order is bad, because it tenders an issue of law and not of fact.\n4. Contracts\u2014Acquiescence in Attempt of Third Party to Alter.\u2014 While\u2019the parties to a contract may by mutual consent change its terms, an attempt by one not a party to the contract to do so does not bind one of the parties, although he may have had notice of and acquiesced in such attempt.\nAssumpsit, on a membership certificate. Appeal from the Superior Court of Cook County; the Hon. James Goggin, Judge, presiding.\nHeard in this court at the March term, 1897.\nAffirmed.\nOpinion filed March 29, 1897.\nBenson Landon and William S. Forrest, attorneys for appellant.\nMcDannold & Phelps, attorneys for appellee."
  },
  "file_name": "0599-01",
  "first_page_order": 597,
  "last_page_order": 602
}