Horgan v. Metropolitan Mutual Aid Ass'n
Massachusetts Supreme Judicial Court
Petition, filed on February 10,1909, for a writ of mandamus, commanding the respondent, a mutual benefit corporation organized under the laws of this Commonwealth, to reinstate the petitioner as one of its members.
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Petition, filed on February 10,1909, for a writ of mandamus, commanding the respondent, a mutual benefit corporation organized under the laws of this Commonwealth, to reinstate the petitioner as one of its members. The case was heard by Sheldon, J., who reported it to the full court as follows: “I found that the petitioner was elected a member of the respondent on April 30, 1903, and so continued until he was suspended, as hereinafter stated, on June 4, 1908. On March 10, 1908, he became ill and unfit to work because of general debility and consumption, this not being caused from immoral or…
1Opinion of the CourtKnowlton, C. J.
The petitioner asked for a writ of mandamus to compel the respondent to reinstate him as one of its members. He was suspended from membership by a vote of the association on June 4, 1908, for non-payment of an assessment of $1 regularly made. This was done without giving him any notice, or opportunity of being heard. It is a generally recognized doctrine of law that, under a by-law like that of this association, a member, who by reason of his membership has valuable pecuniary rights and interests in such an organization, cannot be removed without giving him notice and an opportunity to be…
2Cases cited1 opinion
- Wachtel v. Noah Widows & Orphans' Benevolent SocietyNew York Court of Appeals · 1881
3Cited by6 opinions
- Pratt v. Amalgamated Ass'n of Street & Electric Railway Employees of AmericaUtah Supreme Court · 1917
- Wichita Council No. 120 v. Security Benefit Ass'nSupreme Court of Kansas · 1934
- Kulberg v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
- Mulcahy v. HuddellMassachusetts Supreme Judicial Court · 1930
- Puleio v. Sons of Itala & Neighborhood Mutual Benefit SocietyMassachusetts Supreme Judicial Court · 1929
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