Derry v. Great Hive, Ladies of the Modern Maccabees
Michigan Supreme Court
Error to Gratiot; Stone, J. Assumpsit by Emma, R. Derry against the Great Hive, Ladies of the Modern Maccabees, on a benefit certificate. Erom a judgment for plaintiff on verdict directed by the court, defendant brings error.
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Error to Gratiot; Stone, J. Assumpsit by Emma, R. Derry against the Great Hive, Ladies of the Modern Maccabees, on a benefit certificate. Erom a judgment for plaintiff on verdict directed by the court, defendant brings error. One Martha S. Webber, on March 21,1900, made application in 'writing for membership in one of the subordinate hives of the defendant, and for an endowment certificate for $1,000. In this application she made certain statements as to her present and past physical condition, and that she had not been attended by a physician for two years previous. She was examined by the…
1Opinion of the CourtGrant, J.
(after stating the facts). The court directed a verdict for the plaintiff upon the ground that the plaintiff did not have the fair and impartial trial she was entitled to under the laws of the association. The chief reason for so directing a verdict appears to be that, in the opinion of the learned circuit judge, referring the appeal to a committee was not a compliance with its contract,. *497providing for an appeal to and a determination by the great bive.
There is no claim of fraudulent conduct on the part of the defendant or its officers. The judge, in instructing the jury, said that the…
2Cases cited1 opinion
- Rose v. Supreme Court, Order of PatriciansMichigan Supreme Court · 1901
3Cited by5 opinions
- Howe v. Patrons' Mutual Fire Ins.Michigan Supreme Court · 1921
- Dick v. Supreme Body of the International CongressMichigan Supreme Court · 1904
- Barker v. Great Hive, Ladies of the Modern MaccabeesMichigan Supreme Court · 1904
- Conley v. Supreme CourtMichigan Supreme Court · 1909
- Dick v. Supreme Body of the International CongressMichigan Supreme Court · 1904