Ry. Passenger & Freight Conductors' Mut. Aid & Ben. Ass'n v. Robinson

• Decision Date: 27 October 1893
• Citation: Ry. Passenger & Freight Conductors' Mut. Aid & Ben. Ass'n v. Robinson, 147 Ill. 138, 35 N.E. 168 (Ill. 1893)
• Court: Illinois Supreme Court
• Parties: RAILWAY PASSENGER & FREIGHT CONDUCTORS' MUT. AID & BEN. ASS'N v. ROBINSON.

147 Ill. 138

35 N.E. 168

RAILWAY PASSENGER & FREIGHT CONDUCTORS' MUT. AID & BEN. ASS'N

v.ROBINSON.¹

Supreme Court of Illinois.

Oct. 27, 1893.

Appeal from appellate court, third district.

Bill by Edward T. Robinson against the Railway Passenger & Freight Conductors' Mutual Aid & Benefit Association.Complaint obtained a decree, which was affirmed by the appellate court.38 Ill. App. 111.Defendant appeals.Affirmed.Miller, Starr & Leman, (John S. Miller, of counsel,) for appellant.

Scholes & Graham and John M. Palmer, for appellee.

The other facts fully appear in the following statement by BAILEY, C. J.:

This was a bill in chancery, brought in the circuit court of Sangamon county, by Edward T. Robinson, executor of the last will and testament of James R. Robinson, deceased, against the Railway Passenger & Freight Conductors' Mutual Aid & Benefit Association, to enforce the payment by the association of the money claimed to have become payable upon the death of the complainant's testator.The bill alleges, in substance, that James R. Robinson, at the date of his will and at the time of his death, was a member of the defendant association, a corporation organized under the general incorporation laws of the state of Illinois.That the object and purpose of the association was to furnish pecuniary aid to the widows, heirs, devisees, and representatives of such members of the association as should die, or become permanently disabled; and that, in furtherance of this object, it was provided by its constitution and by-laws that in case of the death of a member, on proof of such death being furnished, it should assess and collect from each surviving member the sum of $2.50 for the benefit of the heirs or devisees or such deceased member, to be paid to him or them within 30 days from the collection of the assessment, provided that in no case should a greater sum than $2,500 be paid on account of such death.That James R. Robinson, on the 27th day of April, 1888, made and published his last will and testament, whereby, among other things, he bequeathed to the complainant his interest in his certificate of membership in the association, and directed that all moneys and benefits due thereunder should be paid to the complainant, and also appointed the complainant sole executor of his will.That, after making such will, James R. Robinson, on or about August 3, 1888, departedthis life.That on August 13, 1888, the will was duly admitted to probate by the county court of Sangamon county, and that letters testamentary were duly issued thereon to the complainant.That proofs of death were duly furnished to the association, and that a demand was made upon it for an assessment and payment to the complainant of the amount due him on the certificate of membership, but that the association, acting through its board of directors, wrongfully and without any just cause refused to make the assessment, or to pay the complainant the amount due on the certificate of membership, and still refuses so to do.That at the time of the death of James R. Robinson there were at least 1,350 members of the association, and that its membership has since been steadily increasing, so that an assessment made under its by-law would amount to much more than $2,500.That James R. Robinson, in his lifetime, complied fully with all the requirements and obligations resting upon him as a member of the association, and that it was the duty of the association to levy an assessment of $2.50 on each of its surviving members, and from the moneys thus realized to pay the complainant $2,500, with interest thereon from the time the assessment should have been made.The bill prays that the amount due on the certificate of membership in question be ascertained and determined by the court; that the defendant be required forthwith to levy and collect an assessment of $2.50 from each of its members, and pay the same, to the amount found due to him, to the complainant; and also a general prayer for relief.Attached to the bill as exhibit was a copy of the will of James R. Robinson, deceased, and also of the certificate of membership in question; the latter being as follows: ‘Charter granted Decr., 1874. No. 3,850.Railway Passenger and Freight Conductors' Mutual Aid and Benefit Association for the United States and Canada.Organized under the laws of the state of Illinois.Chicago, May 9, 1887.This is to certify that James R. Robinson, residence Springfield, Ill., is a member of the Railway Passenger and Freight Conductors' Mutual Aid Association.Given under our hands, and the seal of the association affixed.John R. Sandy, President.C. Huntingson, Secretary.[Seal.]’

Upon this bill a summons was issued, directed to the sheriff of Cook county, and that summons was afterwards returned served by delivering a copy thereof to the defendant's secretary, its president not being found by the sheriff in his county.The defendant thereupon appeared, and filed a plea to the jurisdiction of the court, alleging, in substance, that the defendant was a corporation duly organized under the laws of the state of Illinois, and had its principal and only office in the city of Chicago, in the county of Cook; that the defendant does not reside in the county of Sangamon, and that the pretended service of summons upon it was made in the county of Cook, and not in the county of Sangamon, and that the defendant was not found or served with summons in the county of Sangamon.This plea, on argument, was disallowed and overruled, and the defendant was ruled to answer.In compliance with that rule, the defendant answered, admitting the issuing by the association to James R. Robinson of the certificate of membership in question, and also admiting that one of the objects and purposes of the association was to provide for the widows, children, heirs, or representatives of its members who might die or become permanently disabled, in such cases and events, and under such terms, conditions, and restrictions, and in such manner, as was provided by its constitution and by-laws; but alleging that the defendant was an association of railroad conductors, its membership being limited to persons of that vocation, and that the benefits extended to its members, or to their widows, children, heirs, or representatives, were only provided for by the constitution and by-laws of the association, and that no claim can therefore exist, except in case or when it arises under and in accordance with the constitution and by-laws, and on the terms, conditions, and restrictions therein provided.That by the constitution of the association it is, and while James R. Robinson was a member it was, prescribed as follows: ‘Art. 5.The board of directors shall consist of seven members, all of whom shall reside or make their head-quarters in the city of Chicago.To them shall claims against the association be referred, and upon the approval of a majority of said board, with that of the president, the same shall be paid by the secretary and treasurer.They shall fix the amount of salary to be paid the secretary and treasurer.It shall also be the duty of the board to examine all books, papers, and accounts of the association, and know that the business is honestly and properly conducted.They shall decide all points of dispute and questions of doubt that may arise, and their decision shall be final.They shall, by appointment, fill all vacancies that may occur between the annual meetings, until the next regular meeting.Assessments shall be only made by the authority of the board of directors.They shall make a careful examination of the books of the secretary and treasurer in the month of October in each year, and submit their report to the next annual meeting.They shall order an assessment sufficient to meet any deficiency when there are not sufficient funds to defray expenses for the ensuing year.They shall, at the expiration of each fiscal year, which shall end the 30th day of September in each year, ascertain the amount of surplus funds in the hands of the treasurer, and, after deducting a sufficient amount for current expenses for the ensuing year, shall order the balance to be held as a reserve fund, to be applied on the next assessment or assessments, as the case may be.Art. 6.No person shall be eligible to membership in this association who is not a person of good moral character, and free from pulmonary or constitutional disease, or laboring under any mental or physical disability.Any person who at the time of his application for membership is a conductor on some railroad of the United States or Canada, and has been so employed for a period of at least six months, and in active railway service at the time of making his application, shall be eligible to membership in this association.A certificate showing these facts, from at least two members in good standing in this association and the local secretary of the railroad or division from which the application is made, shall accompany such application.Art. 7.In no case shall a greater sum than twenty-five hundred dollars be paid to a member or his heirs entitled to receive the same on account of death or disability, and all moneys realized from said assessment over and above that sum shall be paid into the treasury of the association for the general purposes of its business.And should the money in the treasury of the association at any time reach the sum of twenty-five hundred dollars in excess of the amounts required from time to time for general purposes, the same shall be appropriated to the payment of the assessments then next due, and the members shall be exempt from the payment of said assessment.Art. 8.The membership of this association shall be limited to fifteen hundred.The amount of benefit money not to exceed two thousand five hundred dollars.The assessment at all times to be two dollars and fifty cents per member.’The answer...