Wineberg v. Telzer Unterstitzungs Verein, 207 Ill. App. 147 (1917)

July 2, 1917 · Illinois Appellate Court · Gen. No. 22,232
207 Ill. App. 147
Beulah S. Wineberg, Defendant in Error, v. Telzer Unterstitzungs Verein, Plaintiff in Error

Beulah S. Wineberg, Defendant in Error, v. Telzer Unterstitzungs Verein, Plaintiff in Error.

Gen. No. 22,232.

(Not to be reported in full.)

Abstract of the Decision.

1. Insurance, § 782 * — when notice is necessary to render member of benefit society in arrears. The sending of notice by a mutual benefit society to a member that he is in arrears, under a bylaw providing that if a member has failed to pay his dues for three months the secretary shall give him notice and if he does not pay up at the next meeting he shall be deemed to be in arrears, is a condition precedent to a member being in arrears.

2. Insurance, § 782*^ — what may not be considered in determining whether member of benefit society is in arrears. Items charged against a member of a benefit society, one of which had been car*148ried over from some previous time, and the nature of which is not disclosed, also an assessment the nature of which is not explained nor its regularity proven, and an item for ball tickets, cannot be considered in determining whether the member is in arrears under a by-law providing that a member, who shall fail to pay his monthly dues for three months, shall after certain notice and failure to pay such dues, be deemed to be in arrears.

*147Error to the Municipal Court of Chicago; the Hon. John Stelk, Judge, presiding. Heard in this court at the March term, 1916.

Affirmed.

Opinion filed July 2, 1917.

Statement of the Case.

Action by Beulah S. Wineberg, plaintiff, against Telzer Unterstitzungs Yerein, a corporation, defendant, to recover for a death benefit and funeral expenses because of the death of her husband, Joe Wineberg, a member of defendant order. From a judgment for plaintiff for $135, defendant brings error.

Charles L. Cohns and Zoline & Levinson, for plaintiff in error; Morris K. Levinson, of counsel.

Jesse Lowenhaupt and Charles Levitón, for defendant in error.

Mr. Justice McSurely

delivered the opinion of the court.