Frankel v. Mathewson
Frankel v. Mathewson
Opinion of the Court
This action was instituted by filing the following account.before a justice of the peace:
*380 “$72.00 — tbe amount due M. Frankie from the Woodmen of the World for six years’ service as collector of dues for Camp 294, New Madrid, against A. G. Mathewson, Banker of Catalpa Camp, 294.”
The justice issued a summons commanding the constable “to summon A. G. Mathewson, Banker New Madrid Camp, Number 294, W. O. W. to appear” before the justice of the peace at the time and place named and answer the “domplaint of M. Frankie, founded upon account for six years’ services as collector of dues and wherein he demands seventy-two dollars.” The constable made this return:
“I hereby certify that I served the within writ by reading it to A. G. Mathewson, on the 23d day Of September, 1905, in New Madrid Township, New Madrid county, Missouri.” Lours Block,
Constable.”
Judgment by default was rendered in the justice’s court and an appeal taken by Mathewson to the circuit court where there was a trial by jury. At the inception of the trial the attorney for defendant objected to any testimony to show the Woodmen of the World owed plaintiff under his statement "because the case was against Mathewson. The court overruled the objection, saying it was a question for the jury, and an exception was saved. The facts out of which the case arose, according to the testimony for plaintiff, were that plaintiff was a member of Catalpa Camp, New Madrid, a subordinate lodge of an organization known as the Woodmen of the World. Buesching was clerk of the camp and attended to the collection of dues from members. Buesching was paid for his clerical duties, but as he was out of toAvn much of the time, he asked Frankie, a business man of New Madrid, to act as collector. Frankie swore the camp elected him “Banker of the
“No. 242. Form. 47. Clerk’s order on Banker, $72.00.
“Woodmen of the World, to W. W. Waters, Banker Camp No, 294. Pay to M. Frankie, or order, seventy-.two dollars and charge same to general fund.
“W. Buschi.ng, Clerk.
“Jambs Brooks, Consul Commander.
*382 “For making collections of dues and assessments for this camp for six years np to December 31,1904.
(Dated) March 23, 1905.”
Plaintiff presented Ms warrant to Mathewson and the latter refused to pay it. The record is confusing as to the offices held by defendant. He, appears to have been both sovereign of the camp and banker, It is in the latter capacity that he is sued; but the minutes recite that Waters was banker and he was instructed to refuse payment of the warrant. Plaintiff swore the lodge allowed the demand and as Mathewson had the money on hand to pay it, he sued him. The court instructed the jury that if they found plaintiff performed the duties of collector for the Woodmen of the World, and the services were requested by the special agents of the lodge through its officers, and were reasonably worth seventy-two dollars, and the sum had not been paid, the verdict should be for plaintiff. Further, that if the lodge of the Woodmen of the World contracted and agreed with plaintiff for him to act as collector for six years or more, and the order issued a warrant to him for seventy-two dollars, the lodge could not, at a subsequent meeting, cancel the order; and if defendant had in his hands as banker, an amount sufficient to-pay the warrant when the same was presented for payment, the verdict should be for plaintiff. From a verdict and judgment in favor of plaintiff defendant appealed.
We know of no principle of law on which the judgment in this case can be affirmed. There is an absence of proof in the record as to whether either the Woodmen of the World or Catalpa Lodge is incorporated. It looks like the services were rendered for the local lodge, which we suppose is a subordinate lodge of the main order. The instructions allowed a recovery on the theory that defendant had rendered services for the Woodmen of the World and was entitled to be paid by it. If this was true, the judgment cannot be sup
One of tbe instructions carries tbe idea that after tbe warrant bad been ordered by tbe lodge it could not lawfully be revoked, and tbe banker wag bound to pay it despite the subsequent order to refuse payment. This case is not on tbe warrant, but on an open account for
The judgment is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.