HART v. HOISTING & PORTABLE ENGINEERS


451 P.2d 859 (1969)

Marian E. HART, Respondent, v. HOISTING & PORTABLE ENGINEERS, Local Union No. 701, 701A and 701B, Appellant.

Supreme Court of Oregon, Department 2.

Argued and Submitted January 9, 1969.


Attorney(s) appearing for the Case

Clifford D. O'Brien, Portland, argued the cause and filed a brief for appellant.

Harvey W. Keller, Portland, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and SLOAN, GOODWIN, HOLMAN and MENGLER, JJ.


SLOAN, Justice.

Plaintiff's deceased husband had been a member of defendant union since 1948. He died on January 15, 1967. During all of these years the union had provided a death benefit to its members. The cost of the death benefit was borne by a small assessment included in the union dues. The dues were payable quarterly.

The union by-laws provided that if the dues and assessments were not promptly paid in advance on the date due that the member could be...

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