Many cases from other courts are cited in the cases included in this paper but I do not deem it necessary to extend this paper to greater length by making specific reference to them.

The legal conclusions deducible from the above cases may be summarized as follows:

:

First Fraternal Beneficiary Associations cannot lawfully carry on any business not authorized by the organic act of its creation and its articles of incorporation.

Second: All members are chargeable with knowledge, as a matter of law, as to the extent of the authority of the society to do business.

Third: If a society, in carrying on its business, makes contracts with its members not authorized by the statute of its creation and its articles of incorporation, the society may raise the question of ultra vires at any time.

Fourth Where a combined benefit is promised, part of which is legal and part illegal, that is ultra vires, the ultra vires part will be held void and the legal part will be considered a sufficient consideration for the contract.

Fifth Money paid on an ultra vires contract of a Fraternal Beneficiary Association cannot be recovered back in an action for money had and received.

Sixth: If a society is carrying on a business not authorized by the statute or its articles of incorporation, it may be dissolved, in which case any funds held by the corporation may be distributed pro rata among the members.

Seventh The decision of court of the state of incorporation as to the legality of corporate business is conclusive upon every other state in which the society does business.

INDEX

ADDRESSES "The Rights of Assignees of Benefit Certificates."-
Olin Bryan

"Paid-Up Certificates."-Abb Landis..

"The Beneficial Contract, Where Found, and How Affected by
Statute Law and Questions of Public Policy."-John B. Mcll-
wain

"The Legal Aspect of The Wording of the Application for Mem-
bership and the Medical Examiner's Certificate."-Edmund C.
Cummings

"What is Meant by the Words 'Members of Families of', As Used
in Statutes Defining Who May be Beneficiaries, and the Rights
of Persons so Designated, After the Relationship Has Ceased."
-Smith W. Bennett

Page

5

25

34

46

75

"'Heirs' and 'Blood Relations'-Who Are Included in These
Terms, As Beneficiaries."-William B. Risse...

81

"State Supervision and Regulation of Beneficiary Associations."
-Mark W. Stevens .....

96

"What Is Meant by the Words 'Persons Dependent Upon the
Member', as Used in Statutes Defining Who May Be Bene-
ficiaries."-Carlos S. Hardy....

101

"Some Jurisdictional Questions Arising in Connection with Fra-
ternal Beneficiary Societies."-George W. Miller...
"What Is the Legal Effect of Having, in the Medical Examina-
tion Blank or in the Certificates of Officers of Subordinate
Lodges, in Connection with the Application Statements of
Opinion, Judgment or Observation Affecting the Risk of the
Applicant?"-Charles J. Kavanagh....

116

.. 142

"The Law Exempting Funds of Fraternal Beneficiary Societies
from Legal Seizures by Creditors of Members or Bene-
ficiaries."-George P. Kirby ..

149

"Authority of Officers of Subordinate Lodge to Bind Society."
-J. A. McLaughry

168

"Suggestions Upon the Rate Adjustment Question."- -Benja-
min Crane

177

"A Plea for Uniform Law for Fraternal Societies."-Wilbur H.
Powers

184

"Rival Claimants for the Same Funds, Residing in Divers Juris-
dictions."-W. Holt Apgar....

192

"To What Extent May Fraternal Beneficiary Societies Limit the
Power and Authority of Their Agents?"-Arthur W. Fulton. 206

"Limitation of Actions by the Society and by Statute Law."—
Wilbur H. Powers

223

"Is there Any Escape from the Law of Waiver as Applied by
Courts on Insurance Contracts?"-U. A. Screechfield.....

231

"Status of Federal Legislation Pertaining to the Regulation of
Insurance Organizations."-Edgar C. Corry...

241

"Some Legal Problems that Arise in the Settlement of Claims."
--John V. Sees

248

"To What Extent Is a Fraternal Society Bound by the Acts of
Its Medical Examiner in the Examination of Applicants for
Membership?"-George P. Steele ...

257

"Forfeiture of the Contract by Reason of the Death of the
Member While in the Custody of the Law or as the Result
of the Commissison by Him of a Crime Against the State."-
Edmund S. Cummings

277

"Contractual Limitation."-Olin Bryan.

296

... 315

"Surety Bonds of Officers. Limitation of Their Protection. Re-
sponsibility of the Auditing Committee."-Wilbur H. Powers 310
"The Right of the Defendant Society to Open and Close the
Case in Actions Brought Upon Benefit Certificates Where the
Defenses Are All Affirmative.”—Arthur W. Fulton...
"The Duty of the Courts in Each State, Under the Faith and
Credit Clause of the Federal Constitution, to Apply the Law
of the Domiciliary State of the Corporation, in Relation to
the Power of a Fraternal Benefit Society to Increase Rates
of Assessment."-Howard C. Wiggins...

350

370

"Those Old Endowment Certificates."-George R. Allen. . . . . .
"Are We Burdened With Too Many Laws?"-Wm. Lloyd Hard-
ing

379

"Ultra Vires Contracts of Fraternal Beneficiary Associations."-
John B. McIlwain

387

ALLEN, George R.-"Those Old Endowment Certificates".
AFGAR, W. Holt-"Rival Claimants for the Same Funds, Residing
in Divers Jurisdictions"..

370

192

BENNETT, Smith W.-"What Is Meant by the Words 'Members of
Families of', as Used in Statutes Defining Who May be Bene-
ficiaries, and the Rights of Persons so Designated, After the
Relationship has Ceased?".

BRYAN, Olin-"Contracual Limitation".

75

296

BRYAN, Olin "The Rights of Assignees of Benefit Certificates"...
CORRY, Edgar C.-"Status of Federal Legislation Pertaining to the
Regulation of Insurance Organization"..

5

241

CRANE, Benjamin-"Suggestions Upon the Rate Adjustment Ques-
tion"

.. 177

CUMMINGS, Edmund S.-"The Legal Aspect of the Wording of the
Application for Membership and the Medical Examiner's Certi-
ficate"

CUMMINGS, Edmund S.-"Forfeiture of the Contract by Reason of
the Death of the Member While in the Custody of the Law or
as the Result of the Commission by Him of a Crime Against
the State"

46

277

FULTON, Arthur W.-"To What Extent May Fraternal Beneficiary
Societies Limit the Power and Authority of Their Agents?".... 206

FULTON, Arthur W.-"The Right of the Defendant Society to Open
and Close the Case in Actions Brought Upon Benefit Certificates
Where the Defenses are All Affirmative”.

315

HARDING, Wm. Lloyd-"Are We Burdened With Too Many Laws?" 379
HARDY, Carlos S.- "What Is Meant by the Words 'Persons Depend-
ent Upon the Member', as Used in Statutes Defining Who May
Be Beneficiaries?".

KAVANAGH, Charles J.-"What Is the Legal Effect of Having, in
the Medical Examination Blank or in the Certificate of Officers
of Subordinate Lodges, in Connection with the Application
Statements of Opinion, Judgment or Observation Affecting the
Risk of the Applicant?".

101

142

KIRPY, George P.--"The Law Exempting Funds of Fraternal Bene-
ficiary Societies from Legal Seizure by Creditors of Members
or Beneficiaries"

149

LANDIS, Abb—“Paid-Up Certificates".

25

McILWAIN, John B.-"Ultra Vires Contracts of Fraternal Bene-
ficiary Associations".

387

McILWAIN. JOHN B.- "The Beneficial Contract, Where Found, and
How Affected by Statute Law and Questions of Public Policy". 34
MCLAUGHRY, J. A.-"Authority of Officers of Subordinate Lodge
to Bind Society"

168

MEETING OF THE LAW SECTION.

4

MILLER, George W.-"Some Jurisdictional Questions Arising in
Connection with Fraternal Beneficiary Societies".

116

OFFICERS OF THE LAW SECTION....

POWERS, Wilbur H.- -"Limitation of Actions by the Society and by
Statute Law"

223

POWERS, Wilbur H.- -"A Plea for Uniform Law for Fraternal So-
cieties"

184

POWERS, Wilbur H.-"Surety Bonds of Officers.

Limitation of

Their Protection. Responsibility of the Auditing Committee".. 310
RISSE, William B.-" 'Heirs' and 'Blood Relations' Who Are In-
cluded in These Terms as Beneficiaries".

81

7/-88-87

SCREECHFIELD, U. A.-"Is There Any Escape from the Law of
Waiver as Applied by Courts on Insurance Contracts?".

SEES, John V.-"Some Legal Problems that Arise in the Settlement
of Claims"....

STEELE, George P.-"To What Extent Is a Fraternal Society Bound by the Acts of Its Medical Examiner in the Examination of Applicants for Membership”...

STEVENS, Mark W.-"State Supervision and Regulation of Beneficiary Associations"

WIGGINS, Howard C.-"The Duty of the Courts in Each State, Under the Faith and Credit Clause of the Federal Constitution, to Apply the Law of the Domiciliary State of the Corporation, in Relation to the Power of a Fraternal Benefit Society to Increase Rates of Assessment"..

231

248

257

96

350