Imperial Valley press., 1919-06-24

t preceding this statement.
= the beauties and benefits, in theory
- of mutual benefit associations of n
= sorts and kinds, without his h&yin.
any knowledge as to how s3cA assu
& Citations would work cut i'll practice
- That H., nd defendant association
= while SO M. $50 I'd nd controlled by IL,
? said j. N. Henderson, Jr.. and On o.
! about the. ...........+. day Of April
1918, through its agents and repre-
2 sentatives. and for the purpose o.
4 inducing and perSuading the plaintiff
! to become . member Cf The SAID de-
fendant association, made representa-
tons to the plaintiff as follows:
(a) That all of the creGE.cr.e5 then
in operation in the Imperial Valley
were dishonest, and that each and
every Of the dairy,9en who We're
delivering milk to said creameries
were being cheated ard robbed in
this: That they were Being G.yen
short weights rs TO the milk ard
cream delivered TO SAID creamerI2s and
they were being given lower percent
ages Of butter fat than the milk and
cream delivered by them contained
(b) That the defendant corporation
was a non-profit cooperative c0Ipo-
7
the benefit of its members only ana
that it would not receive or purchase
milk or cream from any person Cl
dairyman who was not one of its
members.
(c) Tha. practically all of the
daiIymen who We're within haul
ing distance of FL Centric. Imperial
Valley. had become members Cf the
defendant association and that an
less the plaintiff at once became
member of the defendant association
it would cest him more money to be-
come member therotter of it.
(d1 That the defendant association
would give to the plaintiff a very
high degree Cf service in collecting his
milk nd cream and in making returns
to him of the milk or cream so col
leeted.
(e) That in the event the plaintiff
should become a member OF the de
fendant association he would receive
for his butterfat sold to the defendant
at least one dollar (S1.00) per pound
instead of about one-haH that amount
which the plaintiff was then recej,-
ing ior his butter fat from the cream
cries then being conducted in said
Imperial Valley.
(f) That the defendant association
would Immediately upon starting op-
erations, buy all of the whcle mil,
that the plaintiff produced and had
for sale.
At the time the said representa-
items were made to the plaintiff by
the defendant as aforesaid, the plain
tiff was wholly ignorant O. the his
tory Of cooperative milk producers
associations in the State of CalifoI-
MIA and elsewhere; also ignorant O.
the connection which said J. NJ. Hen
derson, Jr., had with the defendan-
association, or of the motives Of the
said J. NJ. Henderson, Jr., for organ
iZing said defendant association, ard
being persuaded as to the truth e*
the said presentations SO made to
him by TIE defendant, and believing
the same to be true, and relying there
on as wholly true, ne agreed to become
q member Of the said defendant aS-
sociation and signed a membership
blank with the intention and purpose
Of becoming a member Cf sal ddeftL-
dant association.
X
At the time the plaintiff agreed
to become a member Of the defendan.
association, ard also at the time he
signed the membership blank there
Of. he had not been informed and he
did not know that the defendant had
any Articles of Association, or am
Bylaws, and that he had not then
seen or read the Articles Of Associa-
ton Of said defendant. or the Bv-
Laws thereof, and no such Articles or
BYLAWS had been shown to the plain
tiff; that while it Is true the mem
bership blank signed by the plaintiff
refers to the Articles Of Incorpora-
ton, and to the BYLAWS OF said de
fendant association, the plaintiff did
rot read the membership blank pre-
vious to signing it, and the fact that
said membership blank had anv ref
erence to the Articles of Incorpor&-
ton Of the defendant, OF of the By
Laws thereof, was not mentioned 10
the plaintiff or otherwise brought Il
his attention.: that the plaintiff can
not read English, and he relied wholly
upon the representations Of the said
defendant, as made to him by the said
agents, relative to the said dcfcn
dant association.
Said defendant corporation hereto
fore adopted a code Of Bylaws for
its government and management.
which Bylaws (Article KID con
tain, among others, the following pro
visions, viz:
+ "(a) Not Profit Corporation.
1T is expressly understood and
agreed that this Association is or
ganized for purposes of mutual help,
and that it is organized without cap
ital stock and for the purposes of
serving its members only and provid-
ing all Of its facilities to them at
cost, pro rata according to volume
ard value of business done hv it's
members, all upon uniform rules and
regulations to be prescribed by
the board of directors of the Associ-
alton"
"(b, Members-Who Eligible
Membership in this Association
shall be composed only Of bona fidc
producers of milk. The Association
is open to any bona fide producer IF
milk within such geographical limits
as the board Of directors believes will
Il