Page:Federal Reporter, 1st Series, Volume 10.djvu/239

 VrOBLEI V, NOBTHWESXEBN JIASONIC AID ASSOCIATION. 227 �WoKLEY, Adm'r, etc., v. Nobthwbstebn Masonio Aid Association. �[Circuit Court, D. lowa. 1882.) �I. Corporations for Benevolent PtmPOSEa — Cbrtificates Payable to �DbVIBBES — Aj)MIKfI8TRAT0n — ACTION BT. �An administrator cannot maintain an action on a policy or certiflcate, issued by a corporation incorporated for benevolent purposes under the statute of Illinois, approved April 18, 1872, as amended by an act approved March 28, 1874, by which policy or certiflcate the corporation agreed to pay to the devjsees of decedent a sum of money within 30 days af ter proof of his death. �The plaintiff, in his petition, states that Phillip H. Worley, de- ceased, died on or about the twenty-seoond of October, 1880, intes- tate, and that the plaintiff is the duly-appointed administrator of his estate ; that the defendant is a corporation organized and existing under the laws of Illinois ; that among the papers of decedent were two policies or certiflcates issued by the defendant, whereby the de- fendant agreed and contracted to pay to the devisees of said decedent, •within 30 days after receiving evidence of said Worley's death, cer- tain sums of money, to be arrived at and computed from the number of members in the division of which the decedent was constituted a member of said association by such certiucate, at a sum certain for each member of the respective class in such division. �The plaintiff avers that he fully performed all covenants and con- ditions on his part ; that satisfactory proofs were made to the Com- pany of the death of Phillip II. Worley ; that the amount due in the aggregate upon the two certiflcates is the sum of $6,299.55; and that the defendant refuses to pay the plaintiff the amount due upon said policies or contracts. �The defendant, for answer, states that it is not a life insurance Company, nor a corporation for peouniary profit; that it is organized for benevolent purposes, solely under the provisions of the statute of minois, approved April 18, 1S72, as amended by an act approved March 28, 1874, and providing for the organization of corporations, not for pecuniary profit, by three or more persons making, aigning, or acknowledging, and filing in the office of the secretary of state, a cer- tificate stating the name and the title by which said corporation or Society or association shall be known in law, the partieular business and objects for which it is formed, etc.; that the defendant has no capital stock, and that its sole object and purpose, as declared in the certiflcate, is to procure pecuniary aid to the widows, orphans, heirs, and devisees of the deceased members of said association; that by ��� �