Pierre Nadeau v. St. Albans Aerie, Et Als
| Decision Date | 05 May 1942 |
| Citation | 26 A.2d 93,112 Vt. 397 |
| Parties | PIERRE NADEAU v. ST. ALBANS AERIE, ET ALS |
| Court | Vermont Supreme Court |
January Term, 1942.
Insurance.---1. Suit against Benefit Association.---2. Motion for Judgment Notwithstanding Verdict usually Available only to Plaintiff.---3. But May Be Available to Defendant.
1. If the constitution and by-laws of a fraternal and benefit association provide a tribunal to hear and determine grievances, whether with or without a remedy by appeal to a higher tribunal of the association, such remedies must be exhausted by an aggrieved member before relief is asked of the civil courts.
2. A motion for judgment notwithstanding the verdict raises questions of pleading and ordinarily will be granted only when made by a plaintiff.
3. When, however, the undisputed facts show that the plaintiff has no cause of action, the court will enter judgment for the defendant notwithstanding the verdict.
ACTION OF CONTRACT to recover sick benefits. Trial by jury, March Term, 1941, Chittenden County Court, Cushing, J., presiding. Defendants' motion for directed verdict granted as to defendant, Louis Moore, but denied as to other defendant. Motion to set aside verdict denied. Defendant appealed.
Judgment reversed, verdict set aside and judgment for the defendant to recover its costs.
Frederick W. Wakefield, Jr. for plaintiff.
Sylvester & Ready for defendants.
Present MOULTON, C. J., SHERBURNE, BUTTLES, STURTEVANT and JEFFORDS JJ.
At the close of all the evidence in this case a defendant's motion for a directed verdict was granted as to the defendant Moore and denied as to the other defendant, against whom alone the case thereafter proceeded. This defendant hereinafter termed the defendant, is the subordinate body of a fraternal and benefit association of which the plaintiff became a member on Jan. 31, 1937. In so doing the plaintiff was required to and did sign the so-called roll book and thereby agreed to observe, abide by and obey all of the laws, rules and regulations of the Aerie, and of the Order, and all of the amendments thereto which might thereafter be enacted by the subordinate Aerie or by the Grand Aerie. No claim is made that the plaintiff was not fully cognizant of the obligation that he thus assumed as a consideration of being accepted as a member. Along with other activities the defendant undertakes to pay so-called sick benefits to its members who may become entitled thereto. The amounts to be so paid are fixed by the by-laws of the aerie, but the conditions under which such payments become due and the procedure to be followed in obtaining the same are regulated by the constitution for subordinate aeries.
By this action in contract the plaintiff seeks to recover sick benefits alleged to be due him and in his amended declaration he sets up his membership in the order and injuries received on Apr. 7, 1937, and May 3, 1937, with resulting disability. He states that he made proper application to the defendant and to its secretary for relief and that the defendant and its secretary failed and refused to grant such relief. He does not allege that he complied with certain requirements of the constitution of the order, hereinafter referred to, relative to obtaining benefits. Trial by jury resulted in a verdict for the plaintiff and the defendant comes here on exceptions of which the only one briefed is to the denial by the court of its motion to set aside the verdict and for judgment non obstante.
The grounds of the motion upon which the defendant relies are, in brief, that the plaintiff has failed to allege and prove compliance by him with certain requirements of the constitution for subordinate aeries, among which are the following:
Art. 52 Sec. 16, which provides in part that "no aerie or member of the order shall apply to the civil courts for the enforcement of any right or the determination of any question or grievance arising out of membership in the order unless and until such aerie or member shall have first exhausted all means and/oor opportunity of redress under and as provided by the laws of the order."
Art. 38 Sec. 27, which requires that in making application for disability benefits the form therein set forth in full should be used, or one of substantially the same import, to be approved by the chief auditor and grand worthy president.
Art. 48 Sec. 2, which provides for the taking of appeals on questions arising within a subordinate aerie from a decision of the worthy president to the judgment of the aerie; from the decision of the aerie to the grand worthy president; and from the decision of that officer to the grand aerie at its next annual session.
The motion sets forth that by the terms of the plaintiff's contract with the defendant his compliance with the sections of the constitution referred to was made a condition precedent to his right to bring suit, and in the absence of allegation and proof of such compliance the court was without jurisdiction of the case.
These grounds of its motion, except as to the form of the application, had been pleaded in defendant's answer and stated as grounds for its motion for a directed verdict. The questions were also presented by requests to charge and by exceptions to the charge and exceptions to failure to charge as requested.
The plaintiff made application for sick benefits which was filed on Oct. 7, 1937, and disallowed by the aerie, from whose decision no appeal was taken so far as appears. We give this application no further consideration as it does not appear that the plaintiff is now relying thereon or that he could do so, since it recites a disability continuing until May 12 1937, which was within the first six months of plaintiff's membership and not covered by the benefit provisions of defendant's ...
To continue reading
Request your trial