O'Brien v. Grand Lodge of the Ancient Order of United Workmen
Massachusetts Supreme Judicial Court
Contract by the heirs at law and next of kin of Patrick A. Quinlan, deceased intestate, to recover the amount of a death benefit upon a certificate issued by the defendant.
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Contract by the heirs at law and next of kin of Patrick A. Quinlan, deceased intestate, to recover the amount of a death benefit upon a certificate issued by the defendant. Writ dated March 30, 1914. The defendant in its answer admitted that it issued a beneficiary certificate upon the life of Patrick A. Quinlan and admitted its liability in the sum of $2,000. It alleged that Margaret T. Scannell, the claimant, made claim on the defendant for the whole or some part of the amount due upon the certificate, and that it had no interest in the subject matter. The defendant paid into court the sum…
1Opinion of the CourtBraley, J.
By the defendant’s general laws and by-laws which were incorporated in the “beneficiary certificate” or contract, the original beneficiary, the wife of the assured, having predeceased him and no further designation of a beneficiary having been made, the plaintiffs as his sole heirs at law are entitled to the fund notwithstanding his parol promise to the claimant, his stepdaughter, that if she would pay the assessments as they fell due she should receive the proceeds-of the certificate at his death. Ulman v. United Order of the Golden Cross, 220 Mass. 422, 427. Pease v. Royal Society of Good…
2Cases cited9 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Unity Mutual Life Assurance Ass'n v. DuganMassachusetts Supreme Judicial Court · 1875
- Supreme Commandery of the United Order of the Golden Cross v. MerrickMassachusetts Supreme Judicial Court · 1895
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3Cited by4 opinions
- Potvin v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1916
- Lamothe v. Société St. Jean BaptisteMassachusetts Supreme Judicial Court · 1923
- New York Life Insurance v. WallsDistrict Court, N.D. West Virginia · 1954
- Barton v. Boston Mutual Life InsuranceMassachusetts District Court, Appellate Division · 1944