Faurot v. Swan
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Petition by Fred C. Wetmore and others for the dissolution of the Grand Lodge of the Ancient Order of United Workmen of the State of Michigan, and the appointment of receivers. James Swan and George Latcham were appointed receivers. Jessie M. Faurot and another and Mary Cash and another intervened praying for an order requiring the receivers to collect certain assessments for the payment of death claims.
Read the full summary
Appeal from Wayne; Mandell, J. Petition by Fred C. Wetmore and others for the dissolution of the Grand Lodge of the Ancient Order of United Workmen of the State of Michigan, and the appointment of receivers. James Swan and George Latcham were appointed receivers. Jessie M. Faurot and another and Mary Cash and another intervened praying for an order requiring the receivers to collect certain assessments for the payment of death claims. From an order dismissing the intervening petitions, they appeal. The Grand Lodge of the Ancient Order of United Workmen for the State of Michigan was organized…
1Opinion of the CourtOstrander, J.
(after stating the facts). Whether the members of the lodge are personally liable to pay assessments, or whether the contract between the members and the organization is unilateral, is the broad question presented. That the obligation to pay assessments, if it exists, rests in contract relations, express or implied, or is imposed by the statute, is not disputed, and is indeed well settled. See Calkins v. Angell, 123 Mich. 77; Ellerbe v. Barney, 119 Mo. 632 (23 L. R. A. 435); Provident Mutual Relief Ass’n v. Pelissier, 69 N. H. 606; Fulton v. Stevens, 99 Wis. 307; New Era Life Ass’n v.…
2Cases cited6 opinions
- Lehman v. ClarkIllinois Supreme Court · 1898
- Ellerbe v. BarneySupreme Court of Missouri · 1894
- Fulton v. StevensWisconsin Supreme Court · 1898
- Gibson v. MegrewIndiana Supreme Court · 1900
- Calkins v. AngellMichigan Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.