Syz v. Milk Wagon Drivers' Union

• Decision Date: 04 March 1930
• Docket Number: No. 20982.,20982.
• Citation: 24 S.W.2d 1080
• Parties: SYZ et al. v. MILK WAGON DRIVERS' UNION, LOCAL 603.
• Court: Missouri Court of Appeals

24 S.W.2d 1080

SYZ et al. v. MILK WAGON DRIVERS' UNION, LOCAL 603.

No. 20982.

St. Louis Court of Appeals. Missouri.

March 4, 1930.

Rehearing Denied March 18, 1930.

Appeal from St. Louis Circuit Court; Wilson Taylor, Judge.

"Not to be officially published."

Action by Anna Syz and others against the Milk Wagon Drivers' Union, Local 603. Judgment for plaintiffs, and defendant appeals.

Affirmed.

Anderson & Whittington, of St. Louis, for appellant.

Joseph Barkon and John B. Reno, both of St. Louis, for respondents.

SUTTON, C.

This suit is for a death benefit alleged to be due and payable under the by-laws of the defendant labor union on the demise of Ernst Syz, deceased, one of its members. The trial, with a jury, resulted in a verdict and judgment for plaintiffs for the full amount of the death benefit allowed by the by-laws, with interest, aggregating $656.92. From this judgment the defendant appealed to the Supreme Court, on the theory that a constitutional question was involved. The Supreme Court, having concluded that the record presented no such question, transferred the cause to this court. The opinion of the Supreme Court is reported in 18 S.W.(2d) at page 441.

The petition charges, among other things, that the defendant labor union is a fraternal beneficiary society known as the Milk Wagon Drivers' Union, Local 603, a voluntary or unincorporated association, doing business in said name and style in the city of St. Louis, Mo.; that it insured the life of Ernst Syz on certain pleaded considerations and conditions in the sum of $500, payable on notice of his death; that the insured died on August 26, 1920; that since the date of his membership in June, 1913, and up to the date of his death, all his dues as a member of said union were paid according to the rules and regulations of said union, and that in all other respects he duly performed all his duties as a member of said union.

The preamble of the by-laws of the union recites that the object of the union is to organize all drivers engaged in the distribution of dairy products, and to educate them to cooperate with every movement which would tend to promote the interest of the organization; to impress upon members and the public that the members must be honest, sober, intelligent, and naturally adapted to the business; to teach them to take advantage of their industrial position, and to build up and effect an impregnable labor organization for the purpose of securing the best conditions possible for the members.

Section 1 of article 1 of the by-laws provides that the union was organized for the guidance of local conditions for men that deliver milk and dairy products in the city and county of St. Louis.

Section 4 of article 4 provides that the dues of the union shall be $1.50 per month, and must be paid in advance on or before the fourth Thursday, and, if not paid in accordance, no sick, accident, or death benefit will be allowed.

Section 5 of article 4 provides that no member of the union shall have his name dropped from the books for nonpayment of dues, but that any member in arrear of dues shall be debarred from all benefits provided by the union.

Sections 1 to 7 of article 7 provide that sick, disability, and death benefits will be paid after October 1, 1916; that no sick dues will be allowed and no benefits allowed until ninety days after initiation; that all dues must be paid one month in advance, not later than the fourth Thursday; that no benefit, sick, disability, or death, will be paid in cases where members are in arrears in their dues; that members not paid up at the time of sickness, accident, or death, cannot then pay up and be entitled to benefits; that all members must be in continuous good standing three months prior to sickness, accident, or death, before benefits will be paid; that the first three months after becoming a member, either by initiation, transfer card, or depositing withdrawal card, no benefit will be paid; that thereafter benefits will be paid in case of sickness or accident $10 per week, and in case of death from the first three months to the end of six months $100, after six months to the end of twelve months $300, and thereafter $500.

The evidence shows that the insured paid his dues for the months of June and July, on June 24, 1920, and paid his dues for the month of August, on August 25th, which was the day before the insured's death. These dues were collected by the steward, whose duty it was under the by-laws to make such collections. The steward turned the dues collected over to the secretary and treasurer, who accepted the same. This occurred on August 25th, prior to the insured's death. There was...