Legal Opinion

Leech v. Order of Railroad Telegraphers

Missouri Court of Appeals

Decided January 21, 1908Published

Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) The deceased husband of plaintiff forfeited bis membership in the Order of Railroad Telegraphers for failure to pay dues to said order within the time prescribed by law, and thereby forfeited his membership in the mutual benefit department, and thus render his certificate null and void. (2) The power of associations of this character to provide forfeiture ipso facto is uniformly sustained.

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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) The deceased husband of plaintiff forfeited bis membership in the Order of Railroad Telegraphers for failure to pay dues to said order within the time prescribed by law, and thereby forfeited his membership in the mutual benefit department, and thus render his certificate null and void. (2) The power of associations of this character to provide forfeiture ipso facto is uniformly sustained. Lavin v. Grand Lodge, 104 Mo. App. 1;' Boyce v. Royal Circle, 99 Mo. App. 349, 73 S. W. 300; Zepp v. Grand Lodge, A. O. U.. W.,…

1Opinion of the CourtBland, P. J.

(after stating- the facts). — It is stated in the agreed stipulation of facts, that there was due from Leech, the deceased member, on January 1, 1906, $4.50, to the Order of Railroad Telegraphers and that said sum was not paid at that time, or at any time thereafter, by said Leech or by any one for him.

Section 2, article 15, of the constitution of the Order, provides that the dues of each member shall not be less than eight dollars per annum, payable semiannually. Section 2, article 21, provides that each member shall be assessed fifty cents semiannually, payable in advance, and that any…

2Cases cited19 opinions

  1. Foglesong v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
  2. Thompson v. Traders' InsuranceSupreme Court of Missouri · 1902
  3. Andrus v. Fidelity Mutual Life InsuranceSupreme Court of Missouri · 1902
  4. McFern v. GardnerMissouri Court of Appeals · 1906
  5. Columbia Paper Stock Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1904

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