276.120. Unlawful to refuse membership or delay granting same--circuit court may compel issuance of membership, when. - Missouri Statutes

Unlawful to refuse membership or delay granting same--circuitcourt may compel issuance of membership, when.

276.120. It is hereby declared unlawful for any suchorganization to refuse membership or to unreasonably delay thegranting of membership in such organization to any applicant formembership because of the manner, times or method in which suchapplicant intends to or does distribute the profits of suchapplicant to the persons composing any partnership in which theapplicant is financially interested or to the shareholders of anycorporation or cooperative association in which the member is ashareholder, and any refusal on the part of such organization toadmit to membership or any unreasonable delay in admitting tomembership any applicant for membership who intends to or doesdistribute to the persons composing any partnership in which suchapplicant is financially interested or to the shareholders of anycorporation or cooperative association in which such applicant isa shareholder, the profits of such applicant to the personscomposing such partnership or to the shareholders of suchcorporation or cooperative association in proportion to thequantity of grain or other farm products shipped to such memberby the persons composing such partnership or the shareholders ofsuch corporation or cooperative association, shall be prima facieevidence that such refusal or such unreasonable delay is becausesuch applicant for membership intends to or does so distributeits profits, and any such applicant for membership shall have theright to have the action of such organization, in refusing orunreasonably delaying the issuance of said membership, summarilyreviewed by the circuit court, by filing therein a petitionpraying the circuit court to cause such organization to showcause why it has refused or unreasonably delayed the issuance ofsaid membership, and if, upon the trial, said organization failsto show some lawful and reasonable cause for refusing orunreasonably delaying the issuance of said membership to suchapplicant for membership, then the circuit court shall, by properorder, compel the issuance of said membership to such applicant;provided, that any limitation fixed by such organization, or bythe members thereof, as to the number of members admitted tomembership therein, shall not be a lawful or a reasonable causefor refusing or unreasonably delaying the issuance of membershipto such applicant for membership; and provided further, that thereview provided for in this section shall be merely cumulativeand shall in no way relieve such organization, or any memberthereof, from the criminal or civil proceedings provided for insections 276.090 to 276.150.

(RSMo 1939 § 14394)

Prior revision: 1929 § 12736