Crossman v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of Robert H. Crossman, to recover $10,000 on two certificates of membership in the defendant association. Trial in the Superior Court, before Barker, J., who ordered a verdict for the defendant; and, at the plaintiff’s request, reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
Each of the certificates under which the plaintiff claims provides that “ a failure to comply with the rules of said association, as to payment, or falling into gross and confirmed habits of intoxication, shall also render this certificate void.”
It is admitted that the deceased, Robert H. Crossman, with whom the contract was made, and of whom the plaintiff is the widow and administratrix, failed to pay an assessment levied on December 1,1884, and payable on December 30,1884; arid that such assessment has never been paid. Prima facie, this failure to comply with the rules rendered his…
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