Margesson v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of Alexander Margesson, to recover on a certificate of membership in the defendant association. Trial in the Superior Court, before Thompson, J., who ordered a verdict for the plaintiff for the full amount claimed; and the defendant alleged exceptions, which were allowed by Dunbar, J. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is an action upon a benefit certificate, and the defence is a failure to pay an assessment on notice. The only question is whether the plaintiff’s intestate was bound to pay under the notice which he received. The rules embodied in the contract required him to pay three dollars a year, and upon the death of any member an additional assessment of five dollars and twenty cents, if required, and no more. After a while, on July 1, 1887, the company undertook to fix regular dates for death assessments, and notified the members that at some of the calls, if the money was needed to pay losses,…
2Cases cited2 opinions
- Crossman v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1887
- Davis v. German American InsuranceMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Logsdon v. Supreme Lodge of Fraternal Union of AmericaWashington Supreme Court · 1904
- King v. Hartford Life & Annuity InsuranceMissouri Court of Appeals · 1908
- Langdon v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1896
- Wagner v. Supreme LodgeIndiana Court of Appeals · 1917
- Brockenbrough v. Mutual Reserve Life InsuranceSupreme Court of North Carolina · 1907