SECRETARY TREASURER OF THE LAW SECTION, NATIONAL FRATERNAL CONGRESS Published under direction National Fraternal Congress of America 1917 PREFACE to VOLUME III. This volume is composed of the papers read and addresses delivered before the Law Section of National Fraternal Congress from 1909 to 1915, inclusive. Volume I was published in 1907, and contained the papers and addresses from the organization of the Section in August, 1901, to 1906, inclusive. Volume II was published in 1909, and contained papers read and addresses delivered before the Law Section in years 1907 and 1908. The papers read in 1916 and 1917 are omitted from this volume for the reason that their inclusion at this time would make the volume too bulky. The papers of 1916 and 1917 may be found in the Annual Proceedings of the National Fraternal Congress of America for those years, but later will be published in a succeeding volume of these papers and addresses. Many of the papers included in this and previous volumes will be found to be careful and exhaustive briefs upon questions involved, and though they are a few years old can easily be brought down to date by a little further research. This volume is published in accordance with instructions to the Secretary-Treasurer at the last meeting of the Law Section, held in Chicago, August, 1917. The first two volumes of papers published proved of great assistance to attorneys interested in legal questions relating to the fraternal beneficiary system, and the hope is indulged that this volume will prove to be a valuable addition to the set. ARTHUR W. FULTON. Chicago, March 1, 1918. President, J. G. Johnson, Peabody, Kansas 1901-1904 1905 1906 ..1907 .1908 .1909 President, W. H. Powers, Boston, Massachusetts.. ..1910 President, John D. Mellwain, Pt. Huron, Michigan.... ..1911 President, F. H. Duckwitz, Philadelphia, Pennsylvania...1912 President, George P. Kirby, Toledo, Ohio... ..1913 President, Arthur H. Burnett, Omaha, Nebraska. .1914 President, George W. Miller, Chicago, Illinois. 1915 President, George P. Steele, Denver, Colorado.. Secretary-Treasurer, Carlos S. Hardy, Chicago, Illinois...1901-1912 1916 ..1917 THE RIGHTS OF ASSIGNEES OF BENEFIT CERTIFICATES. By Olin Bryan, Philadelphia, Pa., General Attorney Improved Order The rights of assignees are largely dependent upon the former property interest of the assignors in the contract assigned, if legally or equitably assignable. It is necessary, therefore, for our purpose, to observe both the interest of the member and beneficiary in a benefit certificate. Benefit certificates are, by the weight of authority, differentiated from the ordinary Life Insurance Policies. An Insurance Policy is uniformly classed a "chose in action" and, as such, can be assigned. to certain persons. The well established rule confines permissible assignees to those having "an insurable interest in the life of the insured." Insurance Policies cannot be assigned to those having no insurable interest in the life of the insured. This is against public policy, contrary to Law and encourages wagering contracts. Metropolitan Life Insurance Co. vs. Elison, 83 Pacific (Kansas) 410. Whitmore vs. S. L. K. & L. of H., 100 Missouri 36. Helemay vs. Miller, 76 Alabama 183. Carpenter vs. U. S. L. Insurance Co., 161 Pa. 9. When the assignee has an insurable interest in the lfe of the insured the legality of the assignment of "ordinary life policies" is free from difficulty. Creditors are classed with those having an insurable interest; at least, to the amount of the debt. Benefit Certificates are, by the character and terms of the contract which they in part evidence, readily distinguished from Insurance Policies. First. The party to whom the Benefit Certificate is issued has no property right in the Certificate. Bacon on Ben. Soc., Sec. 289. The application, medical examination, charter, Constitution and Laws of the Society, the Benefit Certificate and the Statutes of the |