Lavin v. Grand Lodge of the Ancient Order of United Workmen
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) Non-payment of an assessment works ipso facto a suspension. Tire laws of the order provide that non-payment of an assessment on or before the twenty-eighth day of the month shall work ipso facto a suspension and forfeiture, and that no action on the part of the lodge or any officer thereof shall be required as essential to such suspension. This provision was also valid and binding upon the member.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Daniel G. Taylor, Judge. (1) Non-payment of an assessment works ipso facto a suspension. Tire laws of the order provide that non-payment of an assessment on or before the twenty-eighth day of the month shall work ipso facto a suspension and forfeiture, and that no action on the part of the lodge or any officer thereof shall be required as essential to such suspension. This provision was also valid and binding upon the member. Borgraefe v. Knights of Honor, 22 Mo. App. 127; Harvey v. Grand Lodge, 50 Mo. App. 472; Curtin v. Grand Lodge, 65 Mo.…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).— 1. Law 197 of the order, which provides that failure of a member to pay any assessment on or before the twenty-eighth day of the month in which the same is payable, shall, ipso facto suspend his beneficiary certificate, is attacked by the plaintiff as being harsh, unconstitutional, and not self-enforcing. She contends that under all circumstances, a non-paying member of a beneficiary association is entitled to notice and to a hearing under the laws of the land, before he can be lawfully suspended, and the cases of Seehorn v. Catholic Knights of America, 95…
2Cases cited21 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Modern Woodmen v. TevisCourt of Appeals for the Eighth Circuit · 1902
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Lyon v. Supreme Assembly of RoyAl Society of Good FellowsMassachusetts Supreme Judicial Court · 1891
- McCoy v. Roman Catholic Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
- Loyd v. Modern Woodmen of AmericaMissouri Court of Appeals · 1905
- Burke v. Grand Lodge A. O. U. W.Missouri Court of Appeals · 1909
- Brittenham v. Sovereign Camp Woodmen of the WorldMissouri Court of Appeals · 1914
- Davis v. National Council of the Knights & Ladies of SecurityMissouri Court of Appeals · 1917
17 more not listed; retrieve them via the Exa API.