Perpoli
Perpoli v. Grand Lodge of Legion of W.
Opinion
lead Opinion
Haven, J.
The plaintiff sought by this action to recover a judgment against the defendant for the sum of six hundred dollars upon a coupon maturing September 7, 1891, attached to a special benefit certificate, entitling him to participate in the special benefit fund of the defendant in an amount to be computed in accordance with its laws. The plaintiff is a special benefit member of the sixth class belonging to one of the subordinate lodges of defendant, and the laws provide: “ If the member is a special benefit member of the sixth class at the time of maturity of the coupon he shall receive the whole amount of one assessment from every special benefit member in good standing at the date of such maturity.” The court below found “ that the defendant was and is a mutual benefit association, organized for the purpose, in consideration of certain moneys paid to it, of paying, at the death of its members, a stipulated sum of money to a designated nominee, subject to its constitution and by-laws.....That each installment of said endowment was and is paid to each member out of a fund created for that special purpose, and held by the defendant in trust for the purpose of said payment.” This fund is…