Pease v. Supreme Assembly Royal Society of Good Fellows
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, by the sisters and next of kin of Herbert H. Ceiley, a member of Menotomy Assembly, a subordinate lodge of the defendant corporation, against that corporation and Joel Barnard, an uncle and next of kin of the wife of Ceiley, and his executor and sole legatee.
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Bill in equity, filed in the Superior Court, by the sisters and next of kin of Herbert H. Ceiley, a member of Menotomy Assembly, a subordinate lodge of the defendant corporation, against that corporation and Joel Barnard, an uncle and next of kin of the wife of Ceiley, and his executor and sole legatee. The prayer was for a decree that the plaintiffs were entitled to the sum due on a benefit certificate for $3,000 issued to Ceiley; that Barnard surrender the certificate and be enjoined from bringing suit thereon ; and that the defendant corporation, upon the surrender of the certificate, pay…
1Opinion of the CourtHammond, J.
The defendant corporation admitting its liability to pay the sum named in the certificate to the persons *507entitled to it, and the only question being whether the plaintiffs or Barnard are such persons, a bill in equity will lie to determine that question. Circuity of action is thus avoided. Tyler v. Odd Fellows’ Mutual Relief Association, 145 Mass. 134. Marsh v. American Legion of Honor, 149 Mass. 512. McCarthy v. New England Order of Protection, 153 Mass. 314.
Although several questions have been argued before us, yet as the conclusion to which we have come upon one of them is decisive of the…
2Cases cited7 opinions
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
- Pain v. Société St. Jean BaptisteMassachusetts Supreme Judicial Court · 1899
- Spilman v. Supreme Council of the Home CircleMassachusetts Supreme Judicial Court · 1892
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3Cited by4 opinions
- O'Brien v. Grand Lodge of the Ancient Order of United WorkmenMassachusetts Supreme Judicial Court · 1916
- In re GoyetteDistrict Court, D. Massachusetts · 1917
- Royal Trust Co. v. GardinerCourt of Appeals for the D.C. Circuit · 1916
- Royal Trust Co. v. GardinerCourt of Appeals for the D.C. Circuit · 1916