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liquor over the counter. With that knowledge the subordinate lodge continued to receive dues and assessments from him to the amount of $575.00, from June 4, 1894, to the date of his death, on February 13th, 1896, a period of one year and a little more than eight months. During all this time the insurance certificate was treated as being in full force, and Wasserman was received and treated as a member, notwithstanding the knowledge on the part of the officers and members of the subordinate lodge of the falsity of the statement contained in his application. Certainly under the doctrine of Order of Foresters v. Schweitzer, supra, there was a waiver of the forfeiture of the certificate of insurance." See also, Wood v. Mystic Circle, 212 Ill. 532; Orient Insurance Co. v. McKnight, 197 Ill. 190, and cases there cited.

There was no provision in the by-laws nor in the contract in any of these cases, which would render the rule of estoppel anomolous and therefore the cases are not similar to the one now under consideration.

In Moerschbaecher v. Royal League, 88 Ill. App. 89, the member engaged in the occupation of a saloon keeper in violation of his agreement not to do so. In the replication filed by the plaintiff to the plea of the defendant setting up such agreement, it was averred that the defendant accepted from the member the quarterly dues and assessments of said member well knowing that he had become so engaged in the occupation of a saloon keeper. In that case a demurrer to said replication was overruled by the court and the replication was held to be good.

In Germania Life Insurance Company v. Koehler, 168 Ill. 293, the insured expressly consented that there could be no waiver of a forfeiture except by an express agreement of the company endorsed on the policy, the company was held estopped to insist upon a forfeiture after loss where the company, with knowledge of the forfeiture, continued to thereafter treat the policy as in full force by accepting and receiving premiums from the insured.

In Fenix Insurance Co. v. Hart, 149 Ill. 513, in speaking

of this question the court said: "The stipulation in the pol icy that the waiver could be made only by endorsement upon the policy by the general agent at Chicago, was inserted for the benefit of the insurer, and, like any other clause or condition of the policy, might be waived by the conpany."

To the same effect is John Hancock Mutual Life Insurance Co. v. Schlink, 175 Ill. 284.

In Phoenix Insurance Co. v. Raddin, 120 U. S. 183, the court, in speaking of this question said: "It follows that the only question upon the instructions of the court to the jury, which is open to the defendant on this bill of exceptions, is whether, if insurers accept payment of a premium after they know that there has been a breach of a condition of the policy, their acceptance of the premium is a waiver of the right to avoid the policy for that breach. Upon principle and authority, there can be no doubt that it is. To hold otherwise would be to maintain that the contract of insurance requires good faith of the assured only, and not of the insurers, and to permit insurers, knowing all the facts, to continue to receive new benefits from the contract while they decline to bear its burdens."

In Hennessy v. Met. Life Ins. Co., 74 Conn. 699, 52 Atl. 490, the insured expressly agreed that there could be no waiver of any of the conditions or stipulations of the policy except by an agreement in writing signed by the president, vice president or secretary of the company. The court held that notwithstanding this agreement on the part of the insured, the company would be estopped from insisting on a forfeiture if it thereafter, with full knowledge, treated the policy as in full force without such waiver in writing. See also Grand Lodge Ancient Order United Workmen v. Brand, 29 Neb. 644, 46 N. W. 95.

It may be further conceded that many authorities are to the effect that the relation of a subordinate council of a benefit society to the supreme council is that of agency and that the subordinate council may waive a forfeiture resulting from the violation of the by-laws of the supreme lodge. This doc

trine is supported in High Court Ind. Order Foresters v. Schweitzer, 171 Ill. 359; Coverdale v. Royal Arcanum, 193 Ill. 91; Grand Lodge A. O. U. W. v. Lachman, 199 Ill. 140; Supreme Lodge Order of Mut. Protection v. Meister, 105 Ill. App. 477; Court of Honor v. Dinger, 221 Ill. 176; National Council, etc., v. Burch. 126 Ill. App. 15; Supreme Tent, etc., v. Volkert, supra; Modern Woodmen of America v. Coleman, supra; Ancient Order Pyramids v. Drake, 66 Kan. 538, 72 Pac. 239; Trotter v. Grand Lodge, etc., 109 N. W. (Iowa) 1099; Brown v. Supreme Court, etc., 68 N. E. (N. Y.) 145; Schlosser v. Grand Lodge, 94 Md. 368; Audre v. Modern Woodmen, 102 Mo. App. 377; Supreme Lodge, etc., v. Davis, 58 Pac. (Colo.) 595; McMahon v. Maccabees, 161 Mo. 543; Knights of Pythias v. Withers, 177 U. S. 261; Supreme Lodge v. Davis, 58 Pac. (Colo.) 595.

In Order of Foresters v. Schweitzer, 171 Ill. 325, it is simply held that in associations of this character, the relation of the members to the order is necessarily through the subordinate lodges, and when a forfeiture of the certificate of insurance is insisted upon, it is proper to show that the subordinate lodge, with full knowledge of the alleged cause of forfeiture, continued to treat the insurance as in full force, receiving the member's dues and paying the money over to the supreme lodge, so as to show a waiver of the forfeiture.

In neither of the cases above cited was there a by-law or contract to the effect that the receipt of dues should not constitute a waiver of the forfeiture. While in the case of National Council, etc., v. Burch, 126 Ill. App. 15, it is expressly held that a suspension for non-payment of dues cannot be waived by an agent of a fraternal society by the acceptance of dues after the death of the member.

A similar rule was adopted in the following cases, notwithstanding the by-laws of the supreme council, attempted to make the subordinate council and its officers the agents of the members and not the agents of the supreme council: Supreme Lodge, etc., v. Meister, 105 Ill. App. 471; Cline v. Woodmen, 111 Mo. App. 606; McMahon v. Maccabees, 151 Mo. 543; Bonard v. Banking, etc., 94 Mo. App. 450; Modern Woodmen

v. Coleman, 94 N. W. (Neb.) 814; Schunck v. Fond, 44 Wis. 374; Ancient Order of Pyramids v. Drake, 66 Kan. supra; Knights of Pythias v. Withers, 177 U. S. supra; Brown v. Supreme Court, 68 N. E. supra; Murphy v. Ind. Order, 77 Miss. 842; Supreme Tent v. David, 58 Pac. 597; Audre v. Modern Woodmen, 102 Mo. App. supra; Brayman v. Grand Lodge, 122 Mo. App. 354.

It may also be conceded that insurance contracts should be liberally construed in favor of the insured, and strictly against the insurer; and where two interpretations, equally reasonable, are possible, that construction should be adopted which will enable the beneficiary to recover. Grand Lodge Select Knights v. Beaty, 224 Ill. 350.

To the same effect is Terwilliger v. Masonic Acc. Asso., 197 Ill. 9; Supreme Lodge, etc., v. Meister, 105 Ill. App. 474; Bennett v. Insurance Co., 203 Ill. 439; Schimp v. Cedar Rapids Ins. Co., 124 Ill. 354; High Court Order of Foresters v. Schweitzer, 171 Ill. 325.

As the learned counsel relies so confidently upon the case of Supreme Tent K. of M. of the World v. Volkert, supra, it is proper to state that, in the affirmative reply to the first paragraph of the answer, "facts are alleged whereby it is sought to show a waiver and estoppel on the part of appellant. It is averred that ten months after the insured engaged in the saloon business, appellant, with full knowledge of the fact, continued to recognize him as a member, and continued to levy and collect assessments and dues of him up to the time of his death; that on the day of his death an officer of appellant called at the saloon of decedent, then knowing it to be such, and collected and receipted for assessments and dues which he claimed to be then due; that all of said assessments so collected have been retained by appellant; that although appellant knew he was so engaged in the saloon business, it failed and refused to suspend him, and up to his death continued to recognize him as a member in good standing. In the third paragraph of reply it is averred that an officer of the subordinate tent to which the decedent belonged, on the day he died, called at his place of business, and collected dues

and assessments, and forthwith remitted the same to the appellant, and informed appellant that the said insured was dead, and that at the time of his death he was engaged in the saloon business; that, with such knowledge, appellant accepted and retained the money paid upon such assessment, and never offered to pay or tender it back." It further affirmatively appeared that the supreme tent with full knowledge of the facts not only retained the assessment and dues, but sent blanks for proof of death.

There was still another distinguishing feature in this Volkert Case which should be pointed out, and that is, that there was a conflict between different provisions in the insurance contract relating to forfeiture in case of engaging in prohibited occupations, which may be seen by reference to the opinion.

It is quite evident that this Volkert Case was decided upon facts different from the facts in the case at bar, and since it further appears that the case was decided without having urged upon the court's attention the particular portion of the by-laws, relating to the waiver of forfeitures by the acceptance of dues and assessments, which is one of the main features of the case at bar, it cannot therefore be considered as directly analagous to the case at bar.

From a careful analysis of the authorities it will be noted that in a great many of the cases cited by counsel for plaintiff's there was no provision in the contracts or by-laws prohibiting officers and agents from waiving forfeitures. These cases were decided therefore on the broad ground that forfeitures being abhorrent to the law, may be waived by the party in whose favor they would result when all the elements of an estoppel are present. Such cases simply announce a correct and familiar principle of law, but are not controlling here because they have no direct bearing upon the question involved in the present case. In many, if not all the cases cited by plaintiffs, except the case of Supreme Tent v. Volkert, 57 N. E. 203, the provisions in the contracts and bylaws, relating to the powers of agents and officers to waive forfeitures were in general terms, such as "No agent or repre

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