Hale v. Equitable Aid Union
Hale v. Equitable Aid Union
Opinion of the Court
The controlling question in this case is, whether the plaintiff was bound by the subsequent amendments to defendant’s bylaws providing for the payment yearly, upon arrival at the-period of expectation of life and total physical disability, of one tenth of the amount specified in her benefit certificate, instead of the payment of one half of said amount at the time specified in said certificate. This question is to some extent involved in each of the assignments of error, but more particularly in the defendant’s first, second and fifth requests for charge recited in the last three specifications; and it appears to have been correctly decided in favor of the plaintiff, not only in the-general charge but also in the learned judge’s answers to said requests. In the former, he correctly said, among other things, that a contract between an association, such as the defendant, and one of its members cannot be impaired or altered by either
Judgment affirmed.
Reference
- Full Case Name
- Susan Hale v. Equitable Aid Union
- Cited By
- 21 cases
- Status
- Published
- Syllabus
- Beneficial associations — By-laws—Amendment—Contract. Where a benefit certificate in a beneficial association is accepted subject to the right of the association to amend its constitution and by-laws, the contract in so far as it consists of the constitution and by-laws may be changed by an amendment of the constitution and by-laws, but in so far .as it consists of something specifically agreed to between the parties at the time, and not necessarily a part of the constitution and by-laws, an amendment changing the contract is invalid. Plaintiff accepted a benefit certificate subject to the right of the association to amend its by-laws. The certificate provided that plaintiff should become entitled to receive one,-half the amount after twelve years “ if living, and in good standing.” An amendment of the by-laws provided for the payment of one-tenth of the amount specified in the beneficial certificate yearly, upon arrival at the period of expectation of life, and total physicial disability. Held, that plaintiff was not subject to the amendment.