Stohr
Stohr v. San Francisco Musical Fund Society
Opinion
Lead Opinion
Hayne, J.
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…