Legal Opinion

Southern Mutual Aid Ass'n v. Boyd

Supreme Court of Alabama

Decided May 9, 1906PublishedCited by 5 opinions

Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benneks. The bill in this case was filed by two persons, holders of ordinary benefit certificates, for themselves and on behalf of such other holders of like ordinary benefit certificates who would come in and make themselves parties.

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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benneks. The bill in this case was filed by two persons, holders of ordinary benefit certificates, for themselves and on behalf of such other holders of like ordinary benefit certificates who would come in and make themselves parties. The allegations made by the bill are that the respondent, the Southern Mutual Aid Association, and its president and secretary, were incorporation under and derived their powers from part 2, title 1, chapter 3, §§ 1547 to 1552 of the Code of 1886 brought into the Code of 1896 as chapter 28, article 3,…

1Opinion of the CourtTyson, J.

The Southern Mutual Aid Association is strictly a mutual aid association under section 1116 et. seq. of the Code. The scope of the business of the corporation in the -way of the payment of money, except for debts contracted in the usual and ordinary conduct of its business, as defined in its original charter is “to furnish financial aid to sick and destitute members * * * in the form of a weekly indemnity in case of sickness and a stated funeral benefit in case of death,” and by an amendment -to its charter, “to issue certificates to or *173agreements with the members * * * upon the birth of any…

2Cases cited12 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Jemison v. Citizens' Savings Bank of JeffersonNew York Court of Appeals · 1890
  3. Rockhold v. Canton Masonic Mutual Benevolent SocietyIllinois Supreme Court · 1889
  4. Chewacla Lime Works v. Dismukes, Frierson & Co.Supreme Court of Alabama · 1888
  5. Central Railroad & Banking Co. v. SmithSupreme Court of Alabama · 1884

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
  2. Kirk v. Fraternal Aid Ass'nSupreme Court of Kansas · 1915
  3. United Order of Foresters v. MillerWisconsin Supreme Court · 1922
  4. Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
  5. Southern Mutual Aid Ass'n v. CobbSupreme Court of Florida · 1910

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