Pokrefky v. Detroit Fireman's Fund Ass'n

• Decision Date: 03 October 1899
• Citation: 80 N.W. 240,121 Mich. 456
• Parties: POKREFKY et al. v. DETROIT FIREMAN'S FUND ASS'N.
• Court: Michigan Supreme Court

80 N.W. 240

121 Mich. 456

POKREFKY et al. v. DETROIT FIREMAN'S FUND ASS'N.

Supreme Court of Michigan

October 3, 1899

Error to circuit court, Wayne county; George S. Hosmer, Judge.

Action by Anna Pokrefky, individually and as guardian, etc., against the Detroit Fireman's Fund Association. From a judgment in favor of defendant, plaintiffs bring error. Reversed.

James D. May, for appellants.

Edwin Henderson for appellee.

LONG J.

The defendant association was organized in April, 1867, under what is now chapter 165, How. Ann. St. Its object, as set forth in its articles of association, is to afford relief to sick, and disabled members and to the families of deceased members. Plaintiffs' decedent joined the association July 9, 1890. At that time the by-laws of the association provided that, in the event of the death of any of the members of the association in good standing, a per capita assessment of $5 should be levied upon each member of said association, and the entire amount paid to the properly designated beneficiary. After the death of Pokrefky the beneficiaries (the plaintiffs here) requested payment in accordance with the by-laws. It is conceded that there were 346 members in good standing at that time, and each paid to the treasurer the $5 assessment, making the sum paid in $1,730. The association paid the beneficiaries the sum of $1,500, and this suit is brought to recover the balance. The court below directed judgment in favor of defendant. Plaintiffs bring error.

It appears that, at the time Pokrefky joined the association sections 3 and 4 of article 8 of the by-laws provided 'Sec. 3. Upon the death of any active or retired member of this association, there shall be collected from each surviving active or retired member thereof the sum of five dollars, said amount to be paid on or before the second pay day of the fire department after the death of said member and in default of said payment the secretary shall strike the name of the defaulting member from the rolls of the association: provided, however, that the board of trustees of this association may extend the time for said payment. Sec. 4. Upon the death of any active or retired member of this association, there shall be paid within ninety days to the person or persons (to be designated by said member) named in the instrument on file in the office of the secretary the entire amount collected under section 3 article 8.' The defense to the action is that on June 8 1896, sections 3 and 4 of article 8 were amended: (1) By adding to section 3, as it stood originally, the following: 'All moneys received by said association must be placed in one general fund; all moneys received at a death assessment in excess of $1,500 must be placed in the general fund; when the general fund equals or exceeds the sum of $2,500, there shall be no assessment made upon the members of this association upon the death of one of its members, but the beneficiary of said dead member shall be paid from the general fund: provided, however, that no two death assessments shall be paid in succession from the general fund, except by the unanimous vote of the trustees and the approval of the president of the association.' (2) By amending section 4 to read as follows: 'Upon the death of any active or retired member of the association, there shall be paid within ninety days to the person or persons...