{
  "id": 5252541,
  "name": "High Court of the Independent Order of Foresters of the State of Illinois v. Hannah Edelstein",
  "name_abbreviation": "High Court of the Independent Order of Foresters v. Edelstein",
  "decision_date": "1897-05-06",
  "docket_number": "",
  "first_page": "95",
  "last_page": "97",
  "citations": [
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      "type": "official",
      "cite": "70 Ill. App. 95"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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    {
      "cite": "148 Ill. 304",
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    {
      "cite": "136 Ill. 185",
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  "last_updated": "2023-07-14T18:32:17.018382+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "High Court of the Independent Order of Foresters of the State of Illinois v. Hannah Edelstein."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Shepard\ndelivered the opinion of the Court.\nOne Israel Edelstein was a member of a subordinate court of the appellant order, and an endowment certificate for one thousand dollars was issued to him by appellant on April 21, 1889, payable to the appellee, his mother, and he died May 12, 1893.\nThe defense to the suit that was begun on the certificate was that the deceased was not a member in good standing in the order at the time of his death, owing, primarily, to his neglect to pay certain assessments.\nThe fact of the issuance of the certificate to him was evidence of his good standing at that time, and it will be presumed to have continued until the contrary be shown, and the burden of showing that contrary was upon the order. Independent Order v. Zak, 136 Ill. 185; N. W. Traveling Men\u2019s Assoc. v. Schauss, 148 Ill. 304.\nSection 7, Article ZYI, of the Constitution of the Order provides, amongst other things, as follows :\n\u201c Immediately upon the receipt of notice of assessment, the financial secretary of each subordinate court shall send a notice to each member, and if any member fails to pay the amount of said assessment within thirty days from the date of the notice, he shall be dropped from membership in the order.\u201d\nAssuming that the requisite notice to Edelstein was given and received, and that he failed to pay the assessments for the three or four months preceding that in which his death occurred, he did not thereby, ipso facto, cease to be a member in good standing.\nThe provision above quoted, that he should in such case \u201cbe dropped from membership,\u201d was not self-executing. There yet remained something to be done to determine his standing, and in such respect there is a difference between this case and that of Hansen v. Sup. Lodge, 40 Ill. App. 216, wherein the provision there being considered was held to be self-executing. Same Case, 140 Ill. 301.\nThe provision here, is like that in Northwestern Traveling Men\u2019s Association v. Schauss, 51 Ill. App. 78, where we held, distinguishing it from the Hansen case, that the provision was not self-executing, but required, in order to terminate the membership, the affirmative action of the corporate body to ascertain and declare the forfeiture. And in so holding we were sustained by the Supreme Court in the same case, reported in 148 Ill. 304.\nWas such affirmative action by the order ever taken in this case ? If it were, it must be proved by the records or proceedings of \u2022 the order itself. Ind. Order, etc., v. Zak, supra.\nSome attempt to prove action taken by the order in the case of the deceased was made, but the book that the witness purported to read from was not shown to be, or to contain, any part of the records of the order, nor did it appear in any way that the minutes were those of a quorum of any body of members, officers or other persons.\nSo far as this record shows, the deceased was never \u201c dropped \u201d from membership or his membership in any way terminated.\nThe judgment of the Superior Court is therefore affirmed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Shepard"
      }
    ],
    "attorneys": [
      "Seymour Stedman, attorney for appellant; Charles H. Soelke, of counsel.",
      "Moses, Rosenthal & Kennedy, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "High Court of the Independent Order of Foresters of the State of Illinois v. Hannah Edelstein.\n1. Benefit Societies\u2014Good Standing of Members\u2014Hoio Shown\u2014 Presumptions as to.\u2014The issuing of a certificate of membership by a mutual benefit society is evidence of the holder\u2019s good standing in the order when it issued, and such good standing will be presumed to continue, unless there is proof that it no longer exists. The burden of proving loss of good standing rests upon the society,\n2. Same\u2014Forfeiture of Membership.\u2014A provision in the constitution of a benefit society, that members \u201c shall be dropped from membership in the order \u201d for failure to pay assessments is not self-executing, but requires, in order to terminate the membership, the affirmative action of the corporation to ascertain and declare the forfeiture.\n3. Same\u2014Loss of Good Standing In\u2014How Shown.\u2014The fact that a member of a benefit society, is not in good standing in the order can only be shown by the records, minutes or proceedings of the order itself. Such a society being a corporate body, its attitude toward a member can only be shown through its action as such corporation.\nAssumpsit, on a benefit certificate. Appeal from the Superior Court of Cook County; the Hon. James Goqgin, Judge, presiding.\nHeard in this court at the March term, 1897.\nAffirmed.\nOpinion filed May 6, 1897.\nSeymour Stedman, attorney for appellant; Charles H. Soelke, of counsel.\nMoses, Rosenthal & Kennedy, attorneys for appellee."
  },
  "file_name": "0095-01",
  "first_page_order": 95,
  "last_page_order": 97
}