McCarthy v. Supreme Lodge New England Order of Protection
Massachusetts Supreme Judicial Court
Bill in equity, filed on October 4,1889, by J ames McCarthy and Mary McCarthy, against the Supreme Lodge New England Order of Protection, Sarah J. Judge, and Margaret Quirk, to secure the proceeds of a certificate of membership issued by the defendant corporation to John J. McCarthy. At the hearing, before Field, C. J., the following facts appeared in evidence.
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Bill in equity, filed on October 4,1889, by J ames McCarthy and Mary McCarthy, against the Supreme Lodge New England Order of Protection, Sarah J. Judge, and Margaret Quirk, to secure the proceeds of a certificate of membership issued by the defendant corporation to John J. McCarthy. At the hearing, before Field, C. J., the following facts appeared in evidence. The plaintiffs were the parents of John J. McCarthy, and his only heirs and next of kin; Margaret Quirk was his sister, and the executrix and a legatee under his will; and Sarah J. Judge was the beneficiary'named in the certificate in…
1Opinion of the CourtMorton, J.
The Pub. Sts. c. 115, § 8, as amended by the St. of 1882, c. 195, § 2, which were in force at the time the defendant corporation was organized, provide that “a corporation organized for any purpose mentioned in section two may, for the purpose of assisting the widows, orphans, or other relatives of deceased members, or any persons dependent upon deceased members, provide in its by-laws for the payment by each member of a fixed sum, to be held by such association until the death of a member occurs, and then to be forthwith paid to the person or persons entitled thereto.” It is evident from the…
2Cases cited4 opinions
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- Ballou v. GileWisconsin Supreme Court · 1880
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
- Elsey v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1886
3Cited by53 opinions
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Alexander v. ParkerIllinois Supreme Court · 1893
- Herrick's CaseMassachusetts Supreme Judicial Court · 1914
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Modern Woodmen of America v. ComeauxSupreme Court of Kansas · 1909
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