Timberlake v. Supreme Commandery
Massachusetts Supreme Judicial Court
Contract by the daughters of Mary A. Timberlake, late of Boston, as the beneficiaries named in a benefit certificate issued by the Supreme Commandery of the Home Circle, a Massachusetts fraternal beneficiary corporation, the obligations of which upon the certificate issued to Mary A. Timberlake were alleged to have been assumed by the defendant, a fraternal beneficiary corporation organized under the laws of the State of Tennessee.
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Contract by the daughters of Mary A. Timberlake, late of Boston, as the beneficiaries named in a benefit certificate issued by the Supreme Commandery of the Home Circle, a Massachusetts fraternal beneficiary corporation, the obligations of which upon the certificate issued to Mary A. Timberlake were alleged to have been assumed by the defendant, a fraternal beneficiary corporation organized under the laws of the State of Tennessee. Writ dated October 19, 1908. In the Superior Court the case was submitted to Sanderson, J., without a jury, upon an agreed statement of facts, which in substance…
1Opinion of the CourtSheldon, J.
The plaintiffs were not parties or privies to the action brought by Knapp and others against the defendant in Tennessee, and are in no way bound by the decision made therein. Rothrock v. Dwelling-House Ins. Co. 161 Mass. 423. Pennoyer v. Neff, 95 U. S. 714. We need not consider whether, if the Supreme Order of the Home Circle (hereinafter called simply the Home Circle) had become subject to the jurisdiction *419of the Tennessee courts either by having been properly served upon or by having voluntarily entered its appearance in the case, it could be held that Mrs. Timberlake, under whom the…
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