Attorney General v. Supreme Council American Legion of Honor
Massachusetts Supreme Judicial Court
Information under R. L. c. 119, § 19, for the purpose of winding up the affairs of the defendant, a fraternal beneficiary corporation.
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Information under R. L. c. 119, § 19, for the purpose of winding up the affairs of the defendant, a fraternal beneficiary corporation. The information was filed in the Supreme Judicial Court for the county of Suffolk and a receiver appointed August 12, 1904. The receiver had been instructed to “ notify beneficiaries under policies of deceased members whose death occurred prior to August 12, 1904, to prove their claims before him,” and thereafter filed his third report upon which there was a hearing before Hammond, J., who reported matters contained therein and .questions arising thereupon for…
1Opinion of the CourtLoring, J.
1. The first question reserved for our consideration is : “ Are the judgments, as such, payable out of the only' fund held by the receiver, to wit, the trust fund held under sections 7 and 8 of said chapter 119 of the Revised Laws ? ”
The first difficulty which we have in answering this question is that these judgments as such would not be payable by the receiver out of any funds in his hands.
By the decree dated August 12,1904, this court, acting under R. L. c. 119, § 19, adjudged that the further continuance of business by the defendant corporation was hazardous to the public *157and to its…
2Cases cited20 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Boynton v. BallSupreme Court of the United States · 1887
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
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3Cited by28 opinions
- Riehle v. MargoliesSupreme Court of the United States · 1929
- Morris v. JonesSupreme Court of the United States · 1947
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Perkins v. PerkinsMassachusetts Supreme Judicial Court · 1917
- Robinson v. Trustees of the New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1945
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