mised benefit in time of sickness. Says
Bacon: "It may be a question of construction in each particular case
whether the members are personally liable or not. The better rule
seems to be that the members are not held personally liable."
An association cannot by its constitution or by-laws confer judicial
powers on its officers to adjudge a forfeiture of property rights, or
to deprive lodges or members of their property and give it to another,
or to other members. To allow associations to do this is contrary to
public policy. For the same reason an agreement to refer future
controversies to arbitration cannot be enforced; it in effect deprives
a party of his rights under the law. He may do this in a known case,
this indeed is constantly done, but one cannot bar himself in advance
from a resort to the courts for some future controversy of which he
has no knowledge at the time of the agreement. This is a rule of law
of the widest application.
=Broker.=--A broker, unlike an auctioneer, usually has no special
property in the goods he is authorized to sell. Ordinarily also he
must sell them in the name of the principal, and his sales are
private. He receives a commission usually called brokerage. He can act
only as the agent of the other party when the terms of the contract
are settled and he is instructed to finish it. Brokers are of many
kinds. They relate to bills and notes, stocks, shipping, insurance,
real estate, pawned goods, merchandise, etc. A bill and note broker
who does not disclose the principal's name is liable like other agents
as a principal. He is also held to an implied authority, not only to
sell, but that the signatures of all the parties thereon are genuine.
Unless he indorses it he does not warrant their solvency.
An insurance broker is ordinarily employed by the person seeking
insurance, and is therefore unlike an insurance agent, who is a
representative of an insurance company, and usually has the authority
of a general agent. A delivery of a policy therefore, to an insurance
broker, would be a delivery to his principal. He is a special agent.
Unless employed generally to keep up his principal's insurance, he has
no implied authority to return a policy to be cancelled, and notice to
him that a policy had ceased, would not be notice to his principal.
An insurance broker must exercise reasonable care and diligence in
selecting none but reliable companies, and in securing proper and
sufficient p
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