67 Cal. 135 | Cal. | 1885
The defendant is a benevolent corporation organized under the laws of the State, its object in part being the relieving and assisting of its sick members. The plaintiff became a member in 1869, and has since been a member thereof in good standing and entitled to all its benefits. The constitution governing the corporation provides for the election of a physician, whose duty it is to attend the sick members, and among other things, “ to give a certificate of bad health when applied to and the case
It appears from the record that on the 3d of October, 1881, the plaintiff demanded of the society payment to him of $352,' which he claimed to be due him as sick allowance, accruing subsequent to November 29,1880. The claim was presented to the society at its regular monthly meeting, which was held the even- ■ ing of the day of the demand, and was by the society referred to its board of trustees. Instead of awaiting the consideration and determination of the board, the plaintiff within a few days commenced this suit against the society to recover the amount claimed by him. He undoubtedly did so, as appears from the record, because the physician at the instance of one of the trustees had some time before ceased furnishing the plaintiff with a certificate of his illness. It clearly appears from the evidence that plaint-" iff was sick and unable to work during' the time for which he claimed the allowance, and had been so circumstanced for a long, time prior thereto. But it is not to be presumed that the board of trustees would, upon the facts being made to appear, have, refused to award the plaintiff the relief to which he was entitled. • At all events, the plaintiff, when he became a member of the
Judgment and order reversed.
McKee, J., and McKinstry, J. concurred.
Hearing in Bank denied
