Robinson v. Templar Lodge No. 17

De Haven, J. This is an action to recover “ sick-benefits.” The superior court sustained a demurrer to the complaint, and thereupon rendered judgment in favor of defendant.

The complaint alleges that defendant is a subordinate [64]lodge of the Independent Order of Odd Fellows of the state of California; that it is an unincorporated association of individuals, organized for the purpose of benevolence and mutual assistance; that in the year 1863 the plaintiff became and ever since has been a member in good standing of said lodge; and that “ said defendant made and executed a written contract with plaintiff, whereby, in case plaintiff became sick while he was a member of said lodge, and was thereby rendered incapable of earning a livelihood, he was to receive and become entitled to the sum of ten dollars per week,..... to be paid him by said lodge as and for sick-benefits during such time as he was a member of said lodge in good standing, and continued sick.”

The complaint then alleges that upon March 6, 1878, plaintiff became sick, and has since that date continuously, by reasoú of sickness, been rendered incapable of earning a livelihood, and that defendant has failed to pay to him the said sum of ten dollars per week benefits since July 2, 1879, and on June 20, 1883, “arbitrarily removed ■ plaintiff’s name from its sick-list.” After thus stating what plaintiff claims to have been the contract between himself and defendant, and its breach, the complaint proceeds to allege that in the government of subordinate lodges of the Independent Order of Odd Fellows “said order has established various tribunals, appellate in character, to review and revise the action of subordinate lodges, including defendant, in failing to pay sick-benefits to members, and provided that all members of defendant lodge should have the right to resort to said tribunal for redress in case of failure of defendant to pay sick-benefits, .... and that plaintiff, immediately upon the failure of defendant to pay him sick-benefits, invoked the jurisdiction of said tribunals for the purpose of obtaining relief respecting the failure of defendant to pay sick-benefits,” and “litigated his claim to sick-benefits before the tribunals of said order, and as a result thereof, plaintiff was unable to obtain any relief whatever respecting said sick-benefits, and the payments thereof; [65]