Smith v. Boston & Maine Railroad Relief Ass'n
Massachusetts Supreme Judicial Court
Contract, to recover the sum of 11,000, alleged to be due under a certificate of membership issued by the defendant association to one James W. Merrill. Upon the petition of the defendant, Annie C. Merrill, the widow of James W. Merrill, was admitted as a claimant of the funds in its hands. At the hearing in the Superior Court, before Maynard, J., without a jury, the following facts were agreed.
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Contract, to recover the sum of 11,000, alleged to be due under a certificate of membership issued by the defendant association to one James W. Merrill. Upon the petition of the defendant, Annie C. Merrill, the widow of James W. Merrill, was admitted as a claimant of the funds in its hands. At the hearing in the Superior Court, before Maynard, J., without a jury, the following facts were agreed. James W. Merrill is deceased, and at the time of his decease was a member of the defendant corporation in good standing. The plaintiff is a sister, and the claimant is the wife of the deceased, living…
1Opinion of the CourtHolmes, J.
The defendant was organized under St. 1882, c. 244, and it is agreed that no other statute applies to it. By § 1 of that act the corporation is authorized to receive and apply property “ for the improvement and benefit of its members, and for the relief of its members and their families in case of sickness, injury, inability to labor, or other cases of need.” We think it fairly plain that the words “ their families ” have in view primarily persons living with the member and dependent upon him for help in their support. As the court finds that the plaintiff, the member’s sister, was not…
2Cases cited4 opinions
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
- Elsey v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1886
- Supreme Commandery of the United Order of the Golden Cross v. MerrickMassachusetts Supreme Judicial Court · 1895
3Cited by9 opinions
- Grand Lodge Ancient Order of United Workmen v. FrankMichigan Supreme Court · 1903
- Elliott v. United StatesDistrict Court, N.D. Ohio · 1920
- Connecticut General Life Ins. v. BenedictCourt of Appeals for the Second Circuit · 1937
- Miller v. PrelleAppellate Court of Illinois · 1905
- Goyt v. National Council, Knights & Ladies of SecurityAppellate Court of Illinois · 1913
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