Legal Opinion

Holt v. Supreme Lodge Knights of Pythias

Court of Appeals for the Seventh Circuit

Decided July 18, 1916No. 2126PublishedCited by 6 opinions

Appeal from the District Court of the United States for the District of Indiana. i Bill by Joseph Holt and others against the Supreme Lodge Knights of Pythias. From decree dismissing the bill, complainants appeal.

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Appeal from the District Court of the United States for the District of Indiana. i Bill by Joseph Holt and others against the Supreme Lodge Knights of Pythias. From decree dismissing the bill, complainants appeal. The suit is an omnibus bill in equity on behalf of 20 named plaintiffs on behalf of themselves and all others similarly situated (155 in number), for an accounting of trust funds held for the insurance department to which plaintiffs belong, and for a receiver, on the ground that the department (known as the fourth class) is insolvent; also, for a ratable distribution of such trust…

1Opinion of the CourtSanborn, District Judge

(after stating the facts as above). In the Mims Case, 241 U. S. 574, 36 Sup. Ct. 702, 60 L. Ed. 1179, the *888Supreme Court decided that the benefit certificate of the member “was not a contract, but was a regulation subject to the possibility inherent in the case,” and that “the essence of the arrangement was that the members took the risk of events, and if the assessments levied at a certain time were insufficient to pay a benefit of a certain amount, whether from diminution of the members or any other cause, either they must pay more or tire beneficiary take less.” No possible distinction can…

2Cases cited1 opinion

  1. Supreme Lodge, Knights of Pythias v. MimsSupreme Court of the United States · 1916

3Cited by6 opinions

  1. Supreme Lodge, Knights of Pythias v. MeyerSupreme Court of the United States · 1924
  2. United Order of Foresters v. MillerWisconsin Supreme Court · 1922
  3. Meyer v. Supreme Lodge, Knights of PythiasNebraska Supreme Court · 1920
  4. Van De Water v. Order of United Commercial Travelers of AmericaCourt of Appeals for the Second Circuit · 1935
  5. Meyer v. Supreme Lodge, Knights of PythiasNebraska Supreme Court · 1920

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