Legal Opinion

Brotherhood Accident Co. v. Linehan

Supreme Court of New Hampshire

Decided June 25, 1901PublishedCited by 3 opinions

The plaintiffs were duly organized as a corporation under the laws of Massachusetts. The object of the incorporation was and is to insure “members of the Independent Order of Odd Fellows against disability and death resulting from sickness or accident.” The by-laws provide that “no person shall be a member of this company or hold a certificate herein unless he is a member in good standing in the Independent Order of Odd Fellows.”

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The plaintiffs were duly organized as a corporation under the laws of Massachusetts. The object of the incorporation was and is to insure “members of the Independent Order of Odd Fellows against disability and death resulting from sickness or accident.” The by-laws provide that “no person shall be a member of this company or hold a certificate herein unless he is a member in good standing in the Independent Order of Odd Fellows.” The plaintiffs issue certificates by which they agree to pay members or their representatives certain sums of money in case of bodily injury and sickness, in…

1Opinion of the CourtBlodgett, C. J.

The statute of 1895, regulating beneficiary societies, orders, or associations, provides that “nothing herein contained shall apply to or in any way interfere with Masonic, Odd Fellow, Knights of Pythias, Bed Men, or other similar orders, or any association working on the lodge system which limits its certificate holders to a particular class, or to the employees of any firm, or municipal or other corporation, or to corporations or associations insuring only members of some particular order, sect, profession, or trade.” Laws 1895, c. 86, s. 15. Construing this plain* specific, and emphatic…

2Cases cited2 opinions

  1. Weeks v. WaldronSupreme Court of New Hampshire · 1886
  2. Martin v. SwantonSupreme Court of New Hampshire · 1888

3Cited by3 opinions

  1. Rural High School District No. 1 v. School District No. 58Idaho Supreme Court · 1921
  2. Lizotte v. Nashua Manufacturing Co.Supreme Court of New Hampshire · 1917
  3. Floyd v. VerretteSupreme Court of New Hampshire · 1919

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