Ellerbe v. United Masonic Benefit Ass'n
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The circuit court erred in overruling the exceptions of intervenors to the report of the commissioner, and in refusing to decree the sum of $4,282.89 to be a trust fund in the hands of plaintiff for the payment of intervenors’ claim, and in failing to give intervenors a lien thereon prior to the claims of other persons. 2 Story’s Equity Jurisprudence [13 Ed.] sec. 1231, p. 577; Pinch v. Anthony, 8…
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Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The circuit court erred in overruling the exceptions of intervenors to the report of the commissioner, and in refusing to decree the sum of $4,282.89 to be a trust fund in the hands of plaintiff for the payment of intervenors’ claim, and in failing to give intervenors a lien thereon prior to the claims of other persons. 2 Story’s Equity Jurisprudence [13 Ed.] sec. 1231, p. 577; Pinch v. Anthony, 8 Allen, 536; 1 Jones on Liens, sec. 37, p. 26; Van Alen v. Bank, 52 N. Y. 1; People v. Bank, 96 N. Y. 32; St. Louis v.…
1Opinion of the CourtBkace, J.
The appellants, intervenors herein, are the beneficiaries and their representatives of the *503three certificates of membership mentioned in the agreed statement of facts, on which the issue was tried below, and which is submitted here, as follows:
“That, on the second day of January, 1883, the Masonic Mutual Benefit Society of Missouri issued to James W. Cannon three certificates of membership, number 354, class 5, number 1237, class 5, and number 1929, class 5, in the said Masonic Mutual Benefit Society of Missouri; that said Masonic Mutual Benefit Society of Missouri ceased to exist, to-wit, in…
2Cases cited1 opinion
- Ellerbe v. Farmers & Mechanics' Mutual Aid Ass'nSupreme Court of Missouri · 1891
3Cited by1 opinion
- Hanford v. Massachusetts Benefit Ass'nSupreme Court of Missouri · 1894