Lamothe v. Société St. Jean Baptiste
Massachusetts Supreme Judicial Court
Two actions of contract, each upon a certificate of death benefit issued by the defendant therein to Alexis Lapointe. The plaintiffs in each action were two sisters of the decedent. Writs dated July 10, 1920. In each action, the defendant interpleaded, and Albina Leveillee was summoned to defend as claimant to the funds in the hands of the defendant. In the Superior Court, the actions were heard together by Hammond, J., without a jury.
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Two actions of contract, each upon a certificate of death benefit issued by the defendant therein to Alexis Lapointe. The plaintiffs in each action were two sisters of the decedent. Writs dated July 10, 1920. In each action, the defendant interpleaded, and Albina Leveillee was summoned to defend as claimant to the funds in the hands of the defendant. In the Superior Court, the actions were heard together by Hammond, J., without a jury. Material facts and requests by the plaintiff for rulings, are described in the opinion. The judge ruled that “the clause which by St. 1913, c. 617, was…
1Opinion of the CourtCarroll, J.
In the-first action the plaintiffs in an action of contract seek to recover a death benefit of $496, payable on the death of Alexis Lapointe, their brother. The defendant is a “fraternal beneficiary organization” authorized to transact business in this Commonwealth. Lapointe died August 29, 1919. At the time of his death, and for a long period of years, he was a *191member in good standing of the defendant society. By virtue of his membership, the death benefit was payable on his death. On August 23, 1919, a certificate was executed according to the laws of the society, payable to Albina…
2Cases cited9 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Davis v. McGrawMassachusetts Supreme Judicial Court · 1910
- Lavigne v. des PatriotesMassachusetts Supreme Judicial Court · 1901
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- Lunsford v. Junior Order of the United American MechanicsTennessee Supreme Court · 1934
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