Garcelon v. Commercial Travelers' Eastern Accident Ass'n
Massachusetts Supreme Judicial Court
Contract, against a fraternal beneficiary association incorporated under St. 1894, c. 367, to recover $2,500 as indemnity for the loss of an arm from a railroad accident.
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Contract, against a fraternal beneficiary association incorporated under St. 1894, c. 367, to recover $2,500 as indemnity for the loss of an arm from a railroad accident. Writ dated March 13, 1901. The amended declaration alleged, that the defendant was organized for the purpose of providing indemnity for its members in case of accident, the membership being limited to commercial travellers, that the plaintiff was a commercial traveller and a member in good standing, that by the certificate of membership the defendant agreed with the plaintiff that if he “ shall suffer disability caused by…
1Opinion of the CourtBarker, J.
1. Both before and since the statement in Burdon v. Massachusetts Safety Fund Association, 147 Mass. 360, that under a policy like that now in suit, “ it may be that an action at law would lie; but the more appropriate remedy would be by a proceeding in equity to compel the association to lay the assessment,” actions at law have been entertained in our courts upon similar policies. The fact that a plaintiff at law has another remedy in equity to which he might resort is not, commonly at least, a defence to his action at law. We think the policy sued on contains an implied contract on the part…
2Cases cited1 opinion
- Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
3Cited by12 opinions
- Meley's CaseMassachusetts Supreme Judicial Court · 1914
- Moore v. Ætna Life InsuranceOregon Supreme Court · 1915
- Life Casualty Ins. Co. v. PeacockSupreme Court of Alabama · 1929
- Mitchell v. Metal Assemblies, Inc.Michigan Supreme Court · 1967
- Spiselman v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 1946
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