Dolan v. Court Good Samaritan
Massachusetts Supreme Judicial Court
Contract by a member of the defendant society, a corporation duly established by law, to recover $63, alleged to be due the plaintiff according to the by-laws of the society. Trial in the Superior Court, without a jury, before Brigham, C. J., who ruled that the plaintiff could not recover; and found for the defendant. The plaintiff alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The sixteenth article of the defendant’s by-laws provides that “ any member who may be sick, lame or infirm, and incapable of following his usual trade, occupation or employment, provided such sickness does not arise from intemperance or sexual indiscretion, in which case he will receive no benefits from the funds or court doctor, (notwithstanding he may continue to carry on or conduct the business by his wife, servant or children,) shall be entitled to a weekly allowance of five dollars, which shall be paid to him, if clear on the books, for 26 weeks.” The seventeenth article provides that “…
2Cases cited2 opinions
- Anacosta Tribe, No. 12 v. MurbachCourt of Appeals of Maryland · 1859
- Black & White-Smiths' Society v. VandykeSupreme Court of Pennsylvania · 1837
3Cited by18 opinions
- Bauer v. Samson LodgeIndiana Supreme Court · 1885
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
- Levy v. Magnolia Lodge, No. 29, I. O. O. F.California Supreme Court · 1895
- Coe v. Washington MillsMassachusetts Supreme Judicial Court · 1889
- Karcher v. Supreme Lodge Knights of HonorMassachusetts Supreme Judicial Court · 1884
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