Stohr v. San Francisco Musical Fund Society

Hayne, C. This was an action to recover certain sick-benefits. The complaint alleges that the defendant was a corporation organized “for the purpose, among other things, of assisting members who by accident or sickness are incapacitated from pursuing their professional calling ” ; that the plaintiff has been a member in good standing ever since the organization; that during all of said time the following has been one of the bylaws: —

“ Every person who has been a member of the society for one year, and is not disqualified by any article of these by-laws, shall, in case of sickness or accident by which he is incapacitated from following his profession, be entitled (on notifying the president or secretary) to receive the sum of ten dollars per week, to take effect from the day of such notice. No allowance shall be made for such disability when it exists for a less time than one week.”

The complaint further alleges that the plaintiff has been a member in good standing from the organization of the corporation; that on January 1, 1883, he became sick, and incapacitated from following his profession; that he at once notified the president thereof; that thereupon the defendant paid him the $10 per week from January 1, 1883, to December 1, 1883; that although [559]plaintiff’s incapacity has continued, the defendant refuses to pay him anything further; wherefore he sues for $440.

The answer set up two separate defenses. The first defense avers that on April 24,1883, the following by-law was duly adopted, viz.:—

“ If any member, after the adoption of this section, shall have received benefits continuously for six months, or shall have received benefits to the amount of $260 within a period of time not exceeding twelve consecutive months, the payment of further benefits to such member shall thereafter cease, unless ordered otherwise by the board of directors.”

This defense further avers that after the adoption of this by-law, and within twelve consecutive months, “the defendant paid to the plaintiff the full sum of $260 and upward in payment of said weekly benefits, at the rate of $10 per week,” and that no further payment has been ordered by the board of directors.

The second defense is like the first, except that in addition to the foregoing it contains the averment that from the time of the admission of the plaintiff as a member there has been a by-law of the defendant “by which it did and does reserve and retain to itself the right to repeal, alter, or amend its by-laws, rules, and regulations.”