American Order of Scottish Clans v. Merrill
Massachusetts Supreme Judicial Court
Bill in equity, filed May 10,1889, by the American Order of Scottish Clans, a fraternal beneficiary association, against the State insurance commissioner and the Secretary of the Commonwealth, and three other persons individually. An amendment in the nature of a supplemental bill was filed on June 14,1889, to prevent the use by a similar association of the name “ Order of Scottish Clans.”
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Bill in equity, filed May 10,1889, by the American Order of Scottish Clans, a fraternal beneficiary association, against the State insurance commissioner and the Secretary of the Commonwealth, and three other persons individually. An amendment in the nature of a supplemental bill was filed on June 14,1889, to prevent the use by a similar association of the name “ Order of Scottish Clans.” Hearing before Sevens, J., who reported the case for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This bill was brought by a fraternal beneficiary corporation, formed under the St. of 1888, c. 429,* to enjoin cer*560tain of the defendants from organizing another corporation under the same act by the name of the “Order of Scottish Clans,” and also to enjoin the insurance commissioner and the Secretary of the Commonwealth from issuing to them the certificate and charter provided for in the act. After the subpoena was served, the organization of the corporation was completed, and a charter was issued, whereupon the plaintiff made an amendment to its bill in the nature of a supplemental bill…
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