Show LOSES OSES HER SUIT AGAINST WOODMEN I Mrs Retta Betta Sterling Cannot Recover Insurance Claim of 2000 ACTION BY SUPREME COURT JUSTICE BARTCH DISSENTS FROM MAJORITY OPINION A majority opinion deciding against a t tV ti 1 contention of Retta Sterling re rep p in Iii her milt uIt against a ain t th Head t WiTt Jurisdiction of o th tb World appellant to recover 2000 n rg au all insurance policy on her de dea dec c a 1 husbands life awl a minority j I in her favor were 11 Ii w 11 l 1 down do by the supreme court yes yest t if r 11 f 11 The rhe rh majority opinion was wa writ writt t V n hj by Justice and concurred in b Justice Justlee Ju McCarthy and the minority oj was by Jus Justice lice Bunch Bartch John i C Sterling who afterward be bec e c in im the husband nd of the respondent reo v lii hI was the he plaintiff I in ht the Third die dis 1 I L i J t court nom from which the case calle was wat rued became a member of ot a lodge f th Ht Woodmen of the Uie World orld in Suit I Ili L ik k III in October l 18 S and a H titi it his hi heirs and ZUI assigns to tot tOlI t ll lI t 1 2000 Insurance from the order iL b th event i out of hl his death Leath was wa issued to toI 1 I Im The lh 2 2000 M was made payable to Elizah th Lowery Lower Ii Ji III th latter part purt of 1900 1 l 1 for fr Miss Mis Lowery Lower grew rew cold or she he j Hr 1 l him for he decided to marry th tit timI 1 I itT whose whom wh maiden len name is not nol noti nolI fei I n J I and ho he 11 th n desired d red to name her heras hera as a bi He lie consulted d the clerk of lu ii lodge ludge Iod e and anI was instructed by him hini ho Iw A to tJ set et t about making the desired desir d than A request re tue t was made to t the IH I I c l rk to cause a l new benefit b err certin er I tin ti iti mt to issue and the lodge official u s i k ked Ml to cancel the th old certificate T Til i rules s of the lodge and of the ord t rr I that Sterling StrUng make a H certain ran Ut before his lais requests could be with It is j I in the th majority opinion I tl J t the th clerk of camp flip for 1111 d the new certificate properly in i ord 11 to the head clerk derk at Denver Coli Coh ol and ind that Sterling paid all his dur du s to and including Du D 81 n 1 1900 and aUd that In Ii h then ceased d paying dues and 1 li lr TH 1 I s failure forfeited his membership i ii i I i lodge Idge and HrH the order Application Filed For Renewal J Lui in r 1 1901 H l Sterling made at ion for 01 a It jl of t hn hl lilt amal u id July s I 1901 1001 a certificate in iv whit huh h the thc plaintiff was waN named as bone bene fichu was wan signed by hy the of Gr th tim h hol wl I cutup camp and was forwarded to tot tb th t l 1111 at ut Suit Salt Lake to be beia bely ia d by ly It the local consular cr r r amp ani am cIrk and Sterling before de do deto dor II r to tn the latter laller Aig Al 1 I of oC the samue I year Hr Sterling Sterlin was wat 1 to appear at the lodge room A ug u 6 G for initiation but he failed to tot t 1 so t He H was also al notified to bo hf at Rl beach Aug 7 to bs b initiated hut lint lu he h mild lid not present pt ent himself on ou that occasion occa Sterling Sterlin lid died De Dee 1 1901 OOt v it hoi t t having been reinstated in the tl t he dg f or 1 attending any of its meetings z Th Tim majority opinion of the supreme ou t holds u in favor fa VOl of o the a appellant ClIant uI i li fc in lit the lower e urt nial ind i d I that Sterling hud had by hy his fall Cali fallo ii ml t I o i appear for rp re ini tia lion tion land ft a nd lid by byI t I omm with whim the thc requirements of l tin tinor hl fitIo ion and ami bylaws of the thein thet or tI t rI 1 J i r in rill in imi the he I matter of advance dw had harl placed himself outside the theand J n and that the order was OS not oi d l to pay HY I anything on Ott the th second of ot which the plu plaintiff nUrr was th thi It was held that h lt had n I made the tilt re required tender of thi tI ml Iu M to be paid before a amill aind L LS S mill ind PIll could be delivered to tol l i iii Julge Judg Bart h blamed the time alleged de def deIf f of If If Sterling on ott the clerk cJ tk of 0 the in j hc ho sought to enter when hen 11 m for fot a f second d certificate At ri I mig g had sought advice of oC the I Irk had t en bt een told 1011 what to do and J J foll llo ve e l his hiN instruct instructions Justice Bartch Dissents HIP IllI r i whole transaction says Jus JUll n Bartch Barich on the th part NUt of oC the de tie dei tieI i 41 1 1 was vas as hut but an effort in good faith T provide for his lila wife wiCE and amal the time party with w 1111 t I m hom holu lie he was nas contracting cont met ting imm and ando a mid h 1 o misled him him no in de deJ d df J f me Tig in the provision intended for Cor the time Ic i i of or his affection To my mind In the ruling herein say sav savor t or Cl 0 neither r of justice nor nOI fair fait deuling N or n do I regard nICI it as in nrc 1111 the th principles oE ot o law anti and equity a L able to u a ease tase That this Otis will work miscarriage of ins jus just insI ju jut I t I the very vel tiling thing which is i the time foun I ion of law Jaw 1 have ha no doubt If n ii i a it contract under such sueh l ti as aft are ar disclosed di elo by b this record re c t u 11 in he hi h defeated by mere meie technicalities te xi e hit hal assurance can call apy member In of the have that after ho ht is hi dead fl hi hii his hiI i iti lary will t the d 1 ri Surely the result sf f r this thi case esse casei CR i not in fl accord with th Ule benevolent oj t of ur the order |