State ex rel. Stone v. Grand Lodge Ancient Order of United Workmen
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.- — -Hon. J. W. Henry, Judge. • (1) The true construction of the laws of tbs order, under which, plaintiff claims that Stone was relieved from the payment of dues and assessments, is that before a member can require the lodge to pay assessments for him he must be unable, through sickness or other disability, to follow his usual business, or some other occupation, etc. Curtin v. Grand Lodge, 65 Mo.
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Appeal from the Jackson Circuit Court.- — -Hon. J. W. Henry, Judge. • (1) The true construction of the laws of tbs order, under which, plaintiff claims that Stone was relieved from the payment of dues and assessments, is that before a member can require the lodge to pay assessments for him he must be unable, through sickness or other disability, to follow his usual business, or some other occupation, etc. Curtin v. Grand Lodge, 65 Mo. App. 294. (2) It is a reasonable provision in by-laws that the lodge must determine the fact of sickness. When the lodge has so determined the facts the courts…
1Opinion of the CourtGill, J.
This is a proceeding in mandamus where it is sought to have B. D. Stone, an insane person, reinstated to membership in the defendant order from which he had been expelled for failure to pay certain assessments. At the trial below plaintiff was awarded a peremptory writ and defendant appealed.
Statement. The defendant is a benevolent fraternal corporation organized to aid its members in case of sickness and distress and to pay, according to a beneficiary certificate, a life indemnity of $2,000 on the death of a member. Numerous subordinate lodges are organized throughout the state, and among…
2Cases cited4 opinions
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1887
- Miller v. United States Grand Lodge of Order Brith-AbrahamMissouri Court of Appeals · 1897
- Cutler v. ZollingerSupreme Court of Missouri · 1893
- Scheele v. State Home Lodge of the Farmers' Mutual ProtectionMissouri Court of Appeals · 1895
3Cited by3 opinions
- Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
- Weakley v. WeakleySupreme Court of Missouri · 1947
- Boland v. Shell Oil Co.District Court, E.D. Missouri · 1947