Legal Opinion

Lyon v. Supreme Assembly of RoyAl Society of Good Fellows

Massachusetts Supreme Judicial Court

Decided January 10, 1891PublishedCited by 26 opinions

Contract to recover $3,000, on a certificate of membership issued by the defendant, a beneficiary association, to Oliver P. Lyon, for the benefit of the plaintiff. Trial in the Superior Court, without a jury, before Blodgett, J., who found for the defendant, and reported the case for the determination of this court. The material facts appear in the opinion.

1Opinion of the CourtHolmes, J.

This is an action by the beneficiary named in a certificate of membership issued to her husband, Oliver P. Lyon, by a society incorporated by special charter in the State of Rhode Island. The objection is waived, that, as the contract to pay the plaintiff was made with her husband, she should have brought the action as his administratrix. Otherwise, it would have been fatal. Rindge v. New England Mutual Aid Society, 146 Mass. 286. Flynn v. Massachusetts Benefit Association, 152 Mass. 288. The promise to pay the plaintiff is conditioned upon the member being in good standing at the time of his…

2Cases cited5 opinions

  1. Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
  2. McCoy v. Roman Catholic Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
  3. Rice v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
  4. Burbank v. Boston Police Relief Ass'nMassachusetts Supreme Judicial Court · 1887
  5. Flynn v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1890

3Cited by26 opinions

  1. Kidder v. Supreme Commandery United Order of the Golden CrossMassachusetts Supreme Judicial Court · 1906
  2. Carlson v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1896
  3. Lavin v. Grand Lodge of the Ancient Order of United WorkmenMissouri Court of Appeals · 1904
  4. Coughlin v. Knights of ColumbusSupreme Court of Connecticut · 1906
  5. Dean v. American Legion of HonorMassachusetts Supreme Judicial Court · 1892

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