Report of Cases Argued and Determined in the Supreme Court of the State of Idaho Volume 8

Report of Cases Argued and Determined in the Supreme Court of the State of Idaho Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...of the members of the subordinate lodge, and not for any purpose whatever agents of the supreme lodge." But in section 21 of said constitution it is also provided that the secretary of the subordinate lodge shall, among other things, do the following acts: "He shall collect all money due the supreme lodge from the members of the lodge, giving a receipt therefor. He shall promptly remit all moneys due the supreme lodge," etc. Under this section the secretary of a subordinate lodge must pay into the treasury of such lodge all moneys collected by him, except such as are collected for the supreme lodge, and those he shall forward to the supreme lodge. Construing these two sections together, we must hold that the secretary of the subordinate lodge is not the general agent of the supreme lodge, but is its special agent for the purpose of collecting assessments and dues from the members, and forwarding the same to the supreme lodge. The person to whom the member is to pay his.assessn1ent is arbitrarily fixed by the constitution, and the member could not pay to any other. Havingjpaid to the one expressly authorized by the supreme lodge, he is not individually responsible for the default or defalcation of the one to whom he is commanded by the supreme lodge to pay. And we must hold that the supreme lodge, having failed to give the notice-of suspension of the subordinate lodge as required by its constitution, must suffer the loss, if any, occasioned by the secretary of the subordinate lodge failing to remit moneys which he had collected for it, especially when it has failed to give the subordinate lodge such notice. The record shows that the assured, Dobbins, acted in good faith, and performed every act required of him; and more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236937430
  • 9781236937438