Harding v. Littlehale
Massachusetts Supreme Judicial Court
Bill in equity in the nature of an interpleader, filed in the Superior Court on September 3, 1888, by the executrix of the will of Henry A. Whitten, against Mary L. Littlehale, his daughter, and Sarah A. Whitten, his wife, for instructions as to the disposition of the proceeds of a certificate of membership held by him in a beneficiary association. The case was heard by Brigham, C. J., and was as follows.
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Bill in equity in the nature of an interpleader, filed in the Superior Court on September 3, 1888, by the executrix of the will of Henry A. Whitten, against Mary L. Littlehale, his daughter, and Sarah A. Whitten, his wife, for instructions as to the disposition of the proceeds of a certificate of membership held by him in a beneficiary association. The case was heard by Brigham, C. J., and was as follows. Henry A. Whitten on October 15, 1885, applied for membership in the Massachusetts Benefit Association, a corporation organized in 1878, under the provisions of the St. of 1874, c. 375, and…
1Opinion of the CourtKnoweton, J.
The St. of 1885, c. 183, made important changes in the law relative to life and casualty insurance on the assessment plan. Section 1 is as follows: Every contract whereby a benefit is to accrue to a party or parties named therein upon the death or physical disability of a person, which benefit is in any degree or manner conditioned upon the collection of an assessment upon persons holding similar contracts, shall be deemed a contract of insurance on the assessment plan, and the business involving the issuance of such contracts shall be carried on in this Commonwealth only by duly organized…
2Cases cited2 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
3Cited by11 opinions
- Ogletree v. HutchinsonSupreme Court of Georgia · 1906
- People ex rel. Brooks v. PetrieIllinois Supreme Court · 1901
- Brierly v. Equitable Aid UnionMassachusetts Supreme Judicial Court · 1898
- Clarke v. SchwarzenbergMassachusetts Supreme Judicial Court · 1894
- Union & New Haven Trust Co. v. TaylorSupreme Court of Connecticut · 1946
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