Estate of Maginnis v. New Orleans Cotton Exchange Mutual Aid Ass'n
Supreme Court of Louisiana
Voorhies, J. PPEAL from the Civil District Court, Parish of Orleans. Article V. of the charter of defendant corporation providing that if a member fail to pay assessments within ten days after notification, as therein provided, he shall be suspended, and that if he die while delinquent, he forfeits all claim upon the association, and John H. Maginnis having died while delinquent, his executor can not recover.
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Voorhies, J. PPEAL from the Civil District Court, Parish of Orleans. Article V. of the charter of defendant corporation providing that if a member fail to pay assessments within ten days after notification, as therein provided, he shall be suspended, and that if he die while delinquent, he forfeits all claim upon the association, and John H. Maginnis having died while delinquent, his executor can not recover. The charter of a mutual benefit association constitutes the contract between the-members thereof, and its provisions have the force of law between them. Sickness, even if proven, is no…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The defendant company, organized as a mntua llife insurance association, is composed of members of the Cotton Exchange-who chose to become nhembers. The holder of a benefit certificate is entitled, at the death of the assured, to receive an amount equal to the total assessment levied on each surviving member. One of the articles of the charter provides that, upon proof of the death of a. member, each surviving member shall, within. ten days, pay the sum of §10, and that any member not paying shall be suspended and treated as not being on the…
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