Legal Opinion

Swett v. Citizens' Mutual Relief Society

Supreme Judicial Court of Maine

Decided December 31, 1886PublishedCited by 10 opinions

ON REPORT. If, upon investigation and report, the applicant is admitted, that is the end of it in the absence of actual fraud or concealment which will never be presumed, and of which there is no evidence in this case. Illinois Masons’ Society v. Winthrop, 4 Law & Eq. Reporter, 554 (Supreme Court of Ill. Oct. 9, 1877). The defendant corporation was not formed until May 17, 1877, having previously been simply a voluntary association.

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ON REPORT. If, upon investigation and report, the applicant is admitted, that is the end of it in the absence of actual fraud or concealment which will never be presumed, and of which there is no evidence in this case. Illinois Masons’ Society v. Winthrop, 4 Law & Eq. Reporter, 554 (Supreme Court of Ill. Oct. 9, 1877). The defendant corporation was not formed until May 17, 1877, having previously been simply a voluntary association. In its corporate capacity it is not a life insurance company. Public Laws of 1875, c. 373. The plaintiff's husband was admitted to membership of the defendant…

1Opinion of the CourtLibbey, J.

The defendant corporation is similar to the one involved in Bolton v. Bolton, 73 Maine, 299, in which this court, after a careful consideration of the question, held that such corporations are mutual life insurance companies.

In 1875, certain men formed a voluntary association, under the name of the Citizens’ Mutual Relief Society, of Portland, having for its object the payment of a stipulated sum on the death of a member, as relief to any person designated by him in writing, or to his widow, children, or relatives, in the order specified in the ai’ticles of association.

-The requisite…

2Cited by10 opinions

  1. Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
  2. Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
  3. Independent Order of Foresters v. CunninghamTennessee Supreme Court · 1912
  4. Modern Brotherhood of America v. BesharaSupreme Court of Oklahoma · 1914
  5. Elliott v. Knights of Modern MaccabeesWashington Supreme Court · 1907

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