Stephens v. Noschang

• Citation: 199 S.W. 706
• Decision Date: 31 December 1917
• Docket Number: No. 12461.,12461.
• Parties: STEPHENS v. NOSCHANG et al.
• Court: Court of Appeal of Missouri (US)

199 S.W. 706

STEPHENS v. NOSCHANG et al.

No. 12461.

Kansas City Court of Appeals. Missouri.

December 31, 1917.

Appeal from Circuit Court, Jackson County; Thomas B. Buckner, Judge.

"Not to be officially published."

Action by Mary A. Stephens against Frank X. Noschang and others. Judgment for plaintiff, and defendants appeal. Affirmed.

Langsdale & Howell, of Kansas City, for appellants. Park & Brown, of Kansas City, for respondent.

ELLISON, P. J.

Plaintiff is the widow of R. T. Stephens, deceased, and defendants are officers and trustees of the Journeymen Barbers' International Union of America. Deceased was a member of such union, and his widow has brought this action to recover $200 as "death benefits," to which she alleges she is entitled as his widow. She obtained judgment in the circuit court.

It is provided in section 34 of the constitution of the union that:

"Upon the death of a member who is in benefit standing and has been a continuous, contributing member to the International Union for at least six (6) months, the following death benefits shall be paid: * * * From five (5) years to ten (10) years, two hundred (200) dollars."

And in section 113 that:

"Any member becoming an employer or quitting the trade with a view of engaging in some other occupation must pay all dues and other indebtedness charged against him up to the date of his becoming an employer or so quitting the trade, whereupon he shall immediately take out a retiring card. The said retiring card, should he cease to become an employer, and upon his return to the practice of the trade as a journeyman, shall entitle him, upon its acceptance by a union, to full membership free of charge, in any local union under jurisdiction of the International Union, and after said retiring card has been accepted and he has again become a contributing member to the International Union for sixty days, he shall be entitled to sick and death benefits, provided he was a member in benefit standing for six months prior to taking out said retiring card."

Deceased, a journeyman barber, joined the association on the 22d of February, 1895, when he was several months more than 50 years of age, there not being, at that time, any age limit to membership. But afterwards, in 1902, an amendment to the constitution was adopted, providing that no one could be admitted to beneficiary membership who was over that age. There was no right reserved in the constitution to amend it so as to affect prior rights.

As just stated, deceased first became a member of the union the 22d of February, 1895. He took a "retiring card" in 1900, being then 60 years of age. Then in 1902, after the 50-year age limit was adopted, he surrendered such card and resumed his membership. Then again, in April, 1905, he took out a "retiring card," and again, in the following November, he surrendered such card and resumed his membership and continued as a member to his death in 1915.

The defense is put on the ground that deceased was over 50 years old, and is based on the amendment to the constitution made after deceased joined...