Sargent v. Supreme Lodge of Knights of Honor
Massachusetts Supreme Judicial Court
Bill in equity, filed by Albert Sargent and others, being all the next of kin of Otis Sargent, against the Supreme Lodge of the Knights of Honor, a corporation established under the laws of the State of Missouri, A. O. Cullymore and others, trustees of Massachusetts Lodge No. 1226, a subordinate lodge of the order, and one Millie J. Blaisdell, for the purpose of securing the proceeds of a “ benefit certificate ” issued by the Supreme Lodge to the said Otis Sargent.
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Bill in equity, filed by Albert Sargent and others, being all the next of kin of Otis Sargent, against the Supreme Lodge of the Knights of Honor, a corporation established under the laws of the State of Missouri, A. O. Cullymore and others, trustees of Massachusetts Lodge No. 1226, a subordinate lodge of the order, and one Millie J. Blaisdell, for the purpose of securing the proceeds of a “ benefit certificate ” issued by the Supreme Lodge to the said Otis Sargent. Trial before Holmes, J., who reported the case for the full court, in substance as follows, such decree to be made as justice…
1Opinion of the CourtAllen, J.
1. The defendant company cannot resist payment on the ground that the designation of the beneficiary is invalid. Sargent, the holder of the certificate, had no design of defrauding the company. The designation was certainly valid when originally made, whether Miss Blaisdell was a dependent or not. It must be assumed that the company intended in any event to pay the stipulated amount to somebody. By a just and liberal construction of Law XXII. § 7, of the order, (Laws of 1882,) when the designated beneficiaries fail, the benefit is to be paid to the heirs of the deceased. And in the same…
2Cases cited2 opinions
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
3Cited by8 opinions
- Larkin v. Knights of ColumbusMassachusetts Supreme Judicial Court · 1905
- Spencer v. Grand Lodge of the Ancient Order of United WorkmenNew York Supreme Court · 1897
- Lamothe v. Société St. Jean BaptisteMassachusetts Supreme Judicial Court · 1923
- Freeman v. BarnettMississippi Supreme Court · 1927
- Pease v. Supreme Assembly Royal Society of Good FellowsMassachusetts Supreme Judicial Court · 1900
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