#### Gertrude Petersen Storm, Plaintiff in Error, v. Cigar Makers’ International Union of America, Defendant in Error.

Gen. No. 19,223.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in in the Branch Appellate Court at the March term, 1913.

Affirmed.

Opinion filed May 21, 1914.

Rehearing denied June 8, 1914.

Statement of the Case.

Action by Gertrude Petersen Storm against Cigar *158Makers’ International Union of America to recover for death benefits claimed by plaintiff to be due her from defendant by reason of the death of her brother, Christian Petersen, who in his lifetime was a member in good standing of the defendant Union. To reverse a judgment in favor of the Union, plaintiff prosecutes error.

Christian Petersen became a member of the Union on July 9, 1892, and was a member in good standing at the time of his death, December 6, 1906. Plaintiff, at the time of his death, lived in Chicago and she claims she did not hear of his death until December, 1908. On December 24,1908, she made a claim in writing to the defendant Union. The present suit was commenced on March 5, 1912.

When Christian Petersen became a member of the Union all that was issued to him was a membership card and due book in words and figures as follows:

11 Cigar Makers’ International Union 68310

Union No. 14 of Chicago 651

Initiated July 9, 1892, M. C. Petersen

A. E. Abeloff, President.

H. G-. Hauok, Pin. Sec’y.”

At this time, the constitution of the said Union then in force provided inter alia, for a death benefit in words and figures as follows:

“ARTICLE X.

Section 1. That upon the death of a member who shall have been such for one year the sum of $50 shall be paid toward defraying funeral expenses of said member to the nearest of kin or such person or persons as have the burial of said deceased member in charge; but if such member should not have any person to take charge of said funeral, the President of the local union shall take charge of the burial of said deceased member; provided however, that said member has not been at the time of his death disqualified by any of the conditions prescribed by the laws of the International Constitution.

Section 2. That upon the death of a member who *159has been such for five consecutive years the sum of $200 shall be paid by the International Union to his wife or nearest of kin, or legatee, and that upon the death of a member of ten consecutive years the sum of $350 shall be paid to the wife, nearest of kin or legatee ; and that upon the death of a member of fifteen years standing $550 shall be paid as provided above. This sum 'shall include the $50 provided for funeral expenses in section 1.”

Abstract of the Decision.

Insurance, § 859 * —when claim for death benefits barred by Five-year Statute of Limitations. The contract between a member of a Union and the Union in this case held an oral one and therefore governed by the Five-year Statute of Limitations.

Joseph O. McKiernan, for plaintiff in error; John J. Sonsteby, of counsel.

Eugene Clifford, for defendant in error.

*

See Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Scanlan

delivered the opinion of the court.