by John Marshall Harlan

“ The contract-adopting almost literally the words of the constitution required an assessment 'whenever the death fund of the association is insufficient to meet the existing claims by death,' and 'for such sums as the executive committee may deem sufficient to cover said claims.' This would indicate that an assessment should not or would not be made unless rendered necessary by the condition of the death fund. ”

“ The Mutual Reserve Fund Life Association, the defendant below, was organized under the laws of New York 'to promote the well-being of its members, and to furnish substantial aid to their families or assigns in the event of a member's death.' Its constitution and by-laws, in force January 11, 1883, provided that within 90 days after receiving satisfactory notice and proof of the death of a member, the association should pay to the beneficiary named on its books, or the his or her assigns or legal representatives, the amount due according to the terms of the certificate of membership ”

“ When information of the June assessment was received by Mrs. Hamlin, the beneficiary in the contract of insurance, in September, 1884, she promptly offered, through a friend, to pay all previous unpaid assessments upon the insured. The defendant refusing to accept such payment, and, denying that the insured was any longer one of its members, the attempt was made to have him reinstated by the act of the association. That attempt-evidently made to avoid litigation cannot be regarded as a waiver of the rights the insured has as a member ”