Henri v. Grand Lodge of United Ancient Order of Druids of Missouri

• Decision Date: 31 March 1875
• Citation: 59 Mo. 581
• Parties: ANTONIA HENRI, Respondent, v. THE GRAND LODGE OF UNITED ANCIENT ORDER OF DRUIDS OF THE STATE OF MISSOURI, and THE OCCIDENTAL GROVE No. 16, U. A. O. D., Appellants.
• Court: Missouri Supreme Court

59 Mo. 581

ANTONIA HENRI, Respondent,

v.THE GRAND LODGE OF UNITED ANCIENT ORDER OF DRUIDS OF THE STATE OF MISSOURI, and THE OCCIDENTAL GROVE No. 16, U. A. O. D., Appellants.

Supreme Court of Missouri.

March Term, 1875.

Appeal from St. Louis Circuit Court.

Jecko & Hospes, for Appellants.

F. & L. L. Gottschalk, for Respondent.

HOUGH, Judge, delivered the opinion of the court.

This was an action brought by the plaintiff, as widow of Joseph Henri, deceased, to recover the sum of $500, alleged to be due to her under the charter and by-laws of the defendant--the Occidental Grove No. 16, of the United Ancient Order of Druids, and the Grand Grove of said Order--which held in trust and controlled the disbursements of all funds belonging to said Occidental Grove, of which her said husband was a member at the time of his death, which by-laws provided, that on the death of a member, in good standing, who had paid all his assessments and dues, the widow or heirs should receive the sum of $500.

Plaintiff alleged a compliance on the part of her husband, with all the requirements of the organization in relation to the payment of dues and assessments, and that her husband was a member in good standing.

Defendants admitted their incorporation, and denied the other allegations of the petition.

The case was submitted to the court upon the following agreed statement of facts: “It is agreed by and between the parties to this suit, that this cause be submitted upon the following state of facts: Defendants are incorporated by act of the General Assembly, 1864-1865, (see p. 223) Exhibit A. p. 23 to 38, incl., are the by-laws of the defendant, the Occidental Grove, No. 16. Exhibit B. are the by-laws of the defendants, governing the mutual aid fund. Exhibit C. are the constitution and by-laws of the defendant, the Grand Grove of the U. A. O. D., from page 3 to 19, incl.; and the constitution of the subordinate Groves in the State of Missouri, from page 20 to 30, incl. Plaintiff is the widow of Joseph Henri, deceased, who was, up to his death, which occurred on the 17th day of October, 1871, and had been for more than a year previously a member of the defendant, the Occidental Grove No. 16. He had paid up all regular dues up to the time of his death; but an assessment of fifty cents, which had been made by said Grove, on October, 4th, 1871, remained unpaid at the time of his death; that the secretary of said Grove, on October 4th, 1871, carried a letter containing the notice of...