Matousek v. Bohemian Roman Catholic First Central Union

Decision Date21 December 1905
Citation91 S.W. 538,192 Mo. 588
PartiesMATOUSEK v. BOHEMIAN ROMAN CATHOLIC FIRST CENTRAL UNION, U. S. A., et al.
CourtMissouri Supreme Court

Appeal from St. Louis Circuit Court; Franklin Ferris, Judge.

Action by Francis Matousek against the Bohemian Roman Catholic First Central Union, U. S. A., and others. From a judgment for defendants, plaintiff appeals. Affirmed.

Albert E. Hausman, for appellant. Rassieur & Buder, for respondents.

LAMM, J.

Respondent the Bohemiam Roman Catholic Central Union, U. S. A., may be abbreviated to the "Union," and is a parent body incorporated under our state laws pertaining to benevolent, scientific, educational, and miscellaneous associations (article 11, c. 12, Rev. St. 1899), having for its object to foster the practice of religious duties among its members, to unite Bohemian Roman Catholic societies in works of charity and benevolence, to assist societies in giving aid and assistance to their members, to nurse its sick and bury its dead, and in providing a fund for the benefit of its members' widows and orphans. Respondent the Local Society No. 63 of the City of St. Louis of the Bohemian Roman Catholic First Central Union, U. S. A., may be abbreviated into the "Society," and is a subordinate branch or lodge of the union, alleged by appellant to be incorporated and alleged by respondents to be not a body corporate. Both the union and the society have insurance features, together with sick and other benefits. Under the union a member was insured to the amount of $1,300 and has certain sick benefits. Under the society he had sick benefits and a further insurance of $200. Matousek was a member of both, and had been for well onto 20 years. At a certain time he was tried and expelled from the union and the society on charges preferred by a committee composed of one Klasek, one Babka, one Jansky, one Cibulka, and one Stys, also parties to this litigation. Thereupon he sued out a writ of mandamus in the circuit court of the city of St. Louis against the union and the society, and having for its purpose to be reinstated as a member thereof and in his insurance, sick, and other benefits, forfeited by his expulsion. Being cast in the mandamus suit, judgment was rendered for the union and the society, and such judgment remained in full vigor.

Thereupon Matousek instituted the present action against the union, the society, and the said members of said committee by name, for damages, alleging in substance that the members of said committee, Klasek and others were actuated by malice and conspired together for the purpose of injuring him, and that the union and the society participated in such malice; that because of said purpose and acts, resulting in his wrongful expulsion, he was deprived of the advantage of his insurance policies, his social advantages, and sick benefits; and that he was now too old to secure similar insurance, and had suffered loss by said wrongs in the sum of $5,000 actual, and $5,000 punitive, damages. The case is presented to us by appellant's counsel on the theory that the finding as to the members of the committee and the rulings of the court on the evidence relating to said committee were all right. It will, therefore, not be necessary to state or consider the pleadings, the evidence, or the court's rulings pertaining to the conduct and acts, verbal or otherwise, of those respondents who were members of the said committee.

The society and the union filed a joint answer, thereby interposing two defenses. The first defense was, in legal effect, a denial of the allegations in the petition, coupled with averments the converse of those made by plaintiff, in that, defendants say, Matousek, on offering himself for initiation promised, and on initiation obligated himself, to obey the by-laws and regulations of the union and society; that one of the by-laws of the union denounced expulsion as a penalty against any member who abused and slandered the union and by such dishonorable practices injured its reputation; that plaintiff disobeyed such by-law by slandering and abusing the union and injuring it, and in consequence thereof a written complaint was lodged against him in October, 1901, and he was served with a copy and notified to appear at a meeting of the society to be holden on November 10th, at 1:30 p. m.; that he did appear in person and was regularly tried, participating therein, and by ballot of two-thirds of the members present was found guilty of the charges, and expelled in accordance with the by-laws and rules, and deprived of all rights and benefits of said union and society; that thereafter he appealed to the parent union from the decision of the subordinate society, and the action of the society in expelling him was affirmed in accordance with the by-laws regulating appeals; and that the union and society had...

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13 cases
  • Natl. Cash Register Co. v. Kay, 23379.
    • United States
    • Court of Appeal of Missouri (US)
    • April 7, 1936
    ......Bray, 85 S.W. (2d) 479; Matousek v. Bohemian & etc., Union, 192 Mo. 588; State ex ...        We take up first the complaint that the amended petition filed by ......
  • Miller v. Terminal Railroad Assn., 37976.
    • United States
    • United States State Supreme Court of Missouri
    • July 1, 1942
    ......(a) First: There is here involved a collision between two ...Rood, 163 Ill. 477, 25 N.E. 238; Chicago Union Traction Co. v. Giese, 229 Ill. 260; Barnes v. ...App. 89, 24 N.E. (2d) 899; Halowatsky v. Central Greyhound Lines, Inc., 311 Ill. App. 127, 35 N.E. ...Conway, 148 Mo. 291, 49 S.W. 1028; Matousek v. Bohemian R.C.F.C. Union, 192 Mo. 588, 91 S.W. ......
  • Hampe v. Versen
    • United States
    • Court of Appeal of Missouri (US)
    • December 2, 1930
    ......201, 3; National etc. v. Bohemian. etc., 91 S.W. 538; Everett v. Marston, 85 ...Hunt, . 270 S.W. 365. (5) Laws 1921 (First Extra Session), page 91,. section 19, providing ...          In the. case of Matousek v. Bohemian R. C. F. C. U. (Mo.), . 91 S.W. 538, ......
  • Miller v. Terminal R. Ass'n of St. Louis
    • United States
    • United States State Supreme Court of Missouri
    • July 1, 1942
    ......(a) First: There. is here involved a collision between two ...477, 25. N.E. 238; Chicago Union Traction Co. v. Giese, 229. Ill. 260; Barnes ...89, 24 N.E.2d 899; Halowatsky v. Central. Greyhound Lines, Inc., 311 Ill.App. 127, 35 ...Conway, 148. Mo. 291, 49 S.W. 1028; Matousek v. Bohemian R. C. F. C. Union, 192 Mo. 588, 91 ......
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