Van Poucke v. Netherland St. Vincent de Paul Soc.

• Decision Date: 28 October 1886
• Citation: Van Poucke v. Netherland St. Vincent de Paul Soc., 29 N.W. 863, 63 Mich. 378 (Mich. 1886)
• Court: Michigan Supreme Court
• Parties: VAN POUCKE v. NETHERLAND ST. VINCENT DE PAUL SOC.

29 N.W. 863

63 Mich. 378

VAN POUCKE v. NETHERLAND ST. VINCENT DE PAUL SOC.

Supreme Court of Michigan

October 28, 1886

Error to Wayne.

G.F Beasley, for plaintiff and appellant.

George Gartner, for defendant.

CHAMPLIN J.

The defendant is a mutual benefit and co-operative insurance society, incorporated under the laws of this state formed for the purpose of raising a fund, through monthly payments by its members to assist its sick and needy members and, in case of death, to bear certain expenses of the funeral. It has a constitution and code of by-laws. The by-laws provide for the appointment of a committee of six members, called the "Sick Committee,"whose duty it is to investigate and determine whether a member is entitled to benefit on account of sickness, and they are to be "the only and final deciders thereof." A member being sick, and authorized as such by the committee to receive benefits, is entitled to receive, after the first week of his sickness, five dollars a week, so long as he is unable to work, such period not to extend beyond six months. The society is under no obligation to extend aid after the six months have elapsed, but the president may call a meeting to further resolve and consider the aid of such unfortunate member. The by-laws further provide that, in case an absent member gets sick, he should immediately notify the secretary, as the benefits accrue only from the time of such notification. He is also required to have the certificate of the doctor, who must investigate him at least once a week, and also he must have the certificate of the priest and a justice from the place where he resides. It is made the duty of the sick committee to visit the sick once a week. Neglecting this, they are liable to a fine of 50 cents. They shall also see if sick members have the right to benefits provided by the rules and by-laws of the society, and provide them with necessary aid. The by-laws also provide for an investigating committee, composed of 12 members, whose duty it is to judge of complaints which may arise against officers or members failing to perform their duty. The plaintiff became a member of this society in 1868, and agreed to fulfill all his duties, and to be obedient to all the laws and rules of the society which are not contrary to its constitution.

On January 15, 1883, while at work, he slipped fell, and broke one of the bones of his wrist, which disabled him from work. He received benefits from the society to the amount of $25. At the end of this time, complaint was made to the investigating committee that plaintiff had resumed work, and he was charged with receiving benefits when not entitled to them. The sick committee also investigated the matter, and requested plaintiff to appear before them, which he did, and, after investigation and deliberation, they decided that he was not entitled to receive any further benefits on account of his injury, and so notified plaintiff. Plaintiff claims, and so testified, that he was not able to work for six months with that arm, and that he...