Legal Opinion

Bell v. American Protective League

Massachusetts Supreme Judicial Court

Decided May 28, 1895PublishedCited by 30 opinions

Petition of James J. Grace, that the receiver of the American Protective League, a fraternal beneficiary organization incorporated under St. 1888, c. 429, and St. 1890, c. 341, be ordered to fulfil the covenants of a lease given by the petitioner to the League. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of the full court, in substance as follows.

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Petition of James J. Grace, that the receiver of the American Protective League, a fraternal beneficiary organization incorporated under St. 1888, c. 429, and St. 1890, c. 341, be ordered to fulfil the covenants of a lease given by the petitioner to the League. Trial in the Superior Court, before Hammond, J., who reported the case for the determination of the full court, in substance as follows. The lease, which was of a building on Tremont Street in Boston, was dated July 15,1890, and was for the term of fourteen years and nine and a half months, at a rent varying from twelve to fifteen…

1Opinion of the CourtLathrop, J.

It does not clearly appear whether the Superior Court took jurisdiction of the bill in equity of Bell and others against the American Protective League by virtue of the general equity jurisdiction conferred upon it by the St. of 1883, c. 223, or by virtue of the St. 1892, c. 435, which gives to the Supreme Judicial Court and to the Superior Court “ exclusive and concurrent jurisdiction in cases of insolvency, of the settlement of the affairs of corporations which are authorized to transact insurance upon the assessment plan, or of any fraternal beneficiary corporations which are so…

2Cases cited10 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Booth v. ClarkSupreme Court of the United States · 1855
  3. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  4. United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
  5. Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892

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3Cited by30 opinions

  1. Fauci v. MulreadyMassachusetts Supreme Judicial Court · 1958
  2. Dayton Hydraulic Co. v. FelsenthallCourt of Appeals for the Sixth Circuit · 1902
  3. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  4. Oscar Heineman Corporation v. Nat Levy & Co.Court of Appeals for the Second Circuit · 1925
  5. Fleming v. NobleCourt of Appeals for the First Circuit · 1918

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

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