Modern Woodmen of America v. Mixer, 267 U.S. 544 (1925)

CERTIORARI TO THE SUPREME COURT OF NEBRASKA

Syllabus

1. Becoming a member of an incorporated beneficiary society is more than a contract; it is entering into a complex and abiding relation, and the rights of membership are to be governed by the law of the the society’s incorporation. P. 551.

2. Hence, other states, irrespective of where the certificate of membership was issued, cannot attach to a membership rights against the society which are refused by the law of the domicil. Id.

3. Where a bylaw of such a corporation provided that absence of any member unheard of should not give any right to recover on any benefit certificate until the member’s expectancy of life had expired, and this was upheld by the supreme court of its domiciliary state even as against memberships antedating the bylaw, held that a decision of a court of another state denying it this effect failed to give full faith and credit to the domiciliary charter. Royal Arcanum v. Green, 237 U.S. 531. Id.

197 N.W. 129 reversed.

CERTIORARI to a judgment of the Supreme Court of the Nebraska which affirmed a judgment for the plaintiff (here respondent) in an action on a benefit certificate.