Clapp, Jayne and Francis. The opinion of the court was delivered by Jayne, J.A.D.
The defendant may be classified as an incorporated fraternal benefit society which affords monetary assistance to its members in the event of illness, accident, or death. On or about January 31, 1941 the plaintiff entered the membership of the association. Embodied in his application was the promise that, if accepted, he would "obey and follow all present rules, regulations and by-laws of the association, as well as all such as may be brought in the future and accept them as binding" on him.
The plaintiff was furnished with a membership certificate, which provided among other things that:
"It is hereby agreed by the Insured Member holding this Beneficiary Certificate that the Certificate, any riders or endorsements the Charter or Articles of Incorporation, the Constitution and By-Laws of the association and the application for membership and declaration of insurability signed by the applicant, copy of which is hereto attached and made a part hereof with all amendments to each thereof, shall constitute the agreement between the association and the Insured Member, and any changes, additions, or amendments to said Charter, or Articles of Incorporation, Constitution, or By-Laws, duly made or enacted subsequently to the issuance of this Beneficiary Certificate shall bind the Insured Member and his Beneficiary or Beneficiaries and shall govern and control the agreement in all respects the same as though such changes, additions, or amendments had been made prior to and were in force at the time of the application for membership."
Attached to the certificate was a supplementary sick benefit rider which stated that:
"The terms and conditions relative to weekly sick benefits under this supplementary sick benefit rider are governed in every respect by the provisions of the by-laws in force at the time member reports illness and applies for sick benefits."
At that time paragraph 12 of section 5 of the by-laws of defendant association, adopted at its convention in June, 1940, to become effective on January 1, 1941, provided:
"No benefits will be paid on such medical reports, which do not prove that the member had need of at least two (2) treatments weekly. Exceptions are made in such cases, which, according to the general medical science and practice, do not require two treatments weekly."
In June 1948 paragraph 1 of article 10 of the by-laws was amended to read:
"Application, admission and insurance of members for benefits in case of illness, accident, hospitalization, partial or total disability shall be in accordance with the existing rules and regulations for such benefits and such other rules, regulations, terms, and conditions as the Board of Directors may prescribe from time to time."
Pursuant to the authority of the amendment, the board of directors of the defendant on October 5, 1949 ...