176
FEDERAL REPORTER.
ceeding to the Garfield, and at once, by the fire telegraph, notified the fire'deplu'tment, so tpatan was at once on its way to the fire, would reached the Garfield a few moments after the Tebo reached hel', and as I think it may fairly be inferred, have promptly extinguished the fire, requires the conclusion that the Garfield was not in danger of total destruction. But it may be also fairly inferred from the evidel1cetHat the works would have. been burnt, and her engine perhaps ,injured, if the'Tebo had not teached her when she ,did. That ItlsSwas saved by the: exertions of the Tebo. The cla{mants have made no'tender, and the extent of the offer was $25. This was much too j3mall, in, mY opinion. As I view the ease, $300 be awarded and will Mil. liberal reward for the services of the Tebo. For that sum, with costS, the libelant may have a decree. ' I
VmRow and others
'11.
THE' ROSE. 1 THE 'RbSE and Her Cargo of Cotton. June Hi, 1887.)
(District Oourt; E. D. Ne1JJ York.
8ALVAGE-ToWI1IfG LIGHTEB-BURNtNG PIER-TENDElt.
The libelant's tug towed the lighter R., laden with cotton, from the vicinity of the Morgan Line pier, which wason fire. td a place of safety. Claimant, admitting that,the service service, offered to pay $140. together with costs after the action had been begun. Held, that the offer was a liberal accepted: libelant should have a decree for one, and should have '140 and taxable costs up to the tIme of tilmg the answer, less the taxable costs which accrued after the answer was'filed.
A'1l8On B.Stewart l for libelants. Julian B. Shope, for claimanta. BENEDICT, J. The only question presented to me for decision in this case is in regard to the amount proper to oe awarded to the owner and Clrew of the tug Reindeer, for salvage services rendered to a cargo of.cotton laden onboard the lighter Rose. The lighter was lying in a slip in the North river, the pier on the lower side of which was the pier of the Morgan Line, which was on The services consisted in towing the lighter', with her cargo of cotton, from this slip to a place remote from the fire.' , , The claimants have concecled that the services were salvage services, and offered to pa.y $140 as salvage' compensation.' This offer was repeated after the action was commenced, and accompanied with an offer to pay the costs of the action 'lip to 'that time. By stipulation, the offer is to be rega:rded aea legal tEmder, accompanh!ld l\:'ith a payment into court at the filing of the a n s w e r . ' ' In my opinion the offer of $140 was a liberal one, and should have been proof will not 'warrant an award, :exceeding that sUIn.LktheIibe]ant have a'decree against the cargo for $140 and the ' taxable costa up ,to the time of the 'filing bf the answer, less the taxable co'sts of the claimant 'which have 'acorued since the answer was filed. lReported by EdWardG.:Beiiedict, Esq.,'oftbe New York bar.
.In Admiralty.
LAMONT LAMONT 1.1.
V.
GRAND LODGE IOWA LE'GION OF HONOR.
17f
GRAND LODGE IOWA LEGION OF HONOR and another. (Oircuit Oo'l1/l't, No D. Iowa, E. D. June 20, 1887.)
1.
MUTUAL BENEFIT ASSOCIATIONS-BENEFICIARY 0ERTIFICATE-SUBST,ITUTION OF' BENEFICIARY.
2.
The beneficiary named in the certificate of a mutual benefit association does not acquire such a interest as will prevent. the substitution oia n.ew beneficiary, at the optIOn of the holder of the certIficate, where the constItution of the association provides "that any member holding a beneficiary cer-. titiCll.te, desiring.at any time to make a new direction as to its payment, may do so by authorizing such a change in writing, "etc,l A provision in the constitution of such association, declaring that the object of the "order" is to "afford financial aid. and benefit to the widows, or· phans, and heirs or devisees of the deceased members of the order, "will not necessarily restrict the holder of a certificate to the selection of a beneficiary frOm .a:ll1ong the members of his own family.1 case, the voluntary selection of a new beneficiary, who has no insuraHle- interest in the life of the holder of the certificate, does not render the transaction void as a wagering eontract. where there. is no evidence from whjph it can be inferred th,at the parties intended it as such. 2 INTlilREST,....WAGERING CONTRACT. . .
SAME-SELECTION OF BENEFICIARY-MEMBER OF FAMILY.
8. . I
In Equity.
Bill and cross-bill.
Jarne8A.IJ,eed and Charles Ogden, for complainants. Wright, Baldwin Haldane, for Emily R. Graft. SaIRAS, J. On the seventh day of April, 1883, J. P. Heulett became a member of the organization known as the "Iowa Legion of Honorj" It certificate of membership being issued to him, reciting that, as member of the Garfield Lodge No. 126, he was "entitled to all the rights and privileges of membership in the Iowa Legion of Honor, and to participate in the beneficiary fund of the order to the amount of two thousand dollars, which sum shall, at his death, be paid to his daughter Mary H. Heulett Lamont." In the constitution of the order It is declared that the business and object of this order are to promote fraternity, and to afford financial aid and benefit to the widows, orphans, and heirs or devisees of the deceased members of the order. Article 1, § 2. By article 7, § 1, it is provided that, "upon the death of a member in good standing of this order, such person or persons as said member may have directed, subject to the limitations of article 1, § 2, of this grand lodge, shall be entitled to receive of the beneficiary fund of this order the sum of two thousand dollars: provided," etc. And by article 8, § 11. that "any member holding a beneficiary certificate, desiring at any time to make a new direction as to its payment, may do 80 by authorizing such a change in writing on the back of ,such certificate, in the form preISee note at end ofcase. Respecting the rights of strangers in life insurance policies, see LamOli.t v. Hotel Men's Mnt. Bell. Ass'n. 30Fed. Rep. 817; Batdorf v. Fehler, (Pa.) 9 At!. Rep. 468; Shu· gar v. Garman, (Pa.) 4 At!. Rep. 60; Ruth v. Katterlllan. (Pa.) 3 At!. Rep. 835, aud note; Price v. Supreme Lodge K. of H., (Tex.) 4 S. W. Rep. 633. I
v.31F.no.4-12