Lee v. Louisville Pilot Benevolent & Relief Ass'n

• Court: Kentucky Court of Appeals
• Writing for the Court: ROBERTSON, JUDGE:
• Citation: Lee v. Louisville Pilot Benevolent & Relief Ass'n, 65 Ky. 254 (Ky. Ct. App. 1867)
• Decision Date: 25 September 1867
• Parties: Lee v. Louisville Pilot Benevolent and Relief Association.

65 Ky. 254

Lee v. Louisville Pilot Benevolent and Relief Association.

Court of Appeals of Kentucky.

September 25, 1867

There is nothing in the charter or by-laws of the Louisville Pilot Benevolent Relief Association, approved February 22d, 1860 either unconstitutional or inconsistent with public policy or the laws of Kentucky. The presumed object of the tariff of fees, & c., provided for by the by-laws, was uniformity of charges, harmony, efficiency, and fidelity, and not unjust monopoly, or the extortion of exorbitant fees. The members of the association are liable for their proper dues.

APPEAL FROM JEFFERSON COURT OF COMMON PLEAS.

JEFF. BROWN, For Appellant,

CITED--

1 Duvall, 145; Sayre vs. Louisville Union B., &amp c.

Charter and by-laws of the Louisville Pilot Benevolent and Relief Association.

BRUCE &amp RUSSELL, For Appellees,

CITED--

1 Duvall, 143; Civil Code, sec. 125.

16 B. Mon., 335; Clark vs. Finnell.

18 B. Mon, 60; Francis vs. Francis.

OPINION

ROBERTSON JUDGE:

The appellant, sued in this action for unpaid dues as a member of the " " " Louisville Pilot Benevolent and Relief Association, " filed an answer of twenty-two paragraphs, a general demurrer to which was sustained, and thereupon judgment was rendered against him for the amount claimed in the petition.

This corporation was chartered by a legislative act, approved February 22d, 1860, for the defined purpose of affording " relief and assistance to its members in cases of sickness, death, or disability to work; and also in providing for the support of pilots' widows and orphans." And the charter gave the corporation " power to make such laws for the government of said association as shall seem best for them, from time to time, for the admission of members and otherwise; provided, however, such laws shall not be repugnant to the Constitution or laws of the State of Kentucky and public policy."

One of the by-laws provided that pilots only should be members of the association; another, that a majority of the company might fix " a tariff of wages; " another provided for widows, orphans, and funeral expenses of members; another imposed five per cent. on wages received; and another required each member " to pay into the treasury fifty cents per month as dues," for aiding the charitable end of the association.

The answer, in several of its paragraphs, pleads in various forms that the charter and some of the by-laws...