Legal Opinion

Barton v. International Fraternal Alliance

Court of Appeals of Maryland

Decided January 6, 1897PublishedCited by 11 opinions

Appeal from a decree of Circuit Court No. 2, of Baltimore City (Harlan, C. J.), dismissing the bills of complaint in the consolidated cases of Barton v. The International Fraternal Alliance and Benton v. The Same.

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Appeal from a decree of Circuit Court No. 2, of Baltimore City (Harlan, C. J.), dismissing the bills of complaint in the consolidated cases of Barton v. The International Fraternal Alliance and Benton v. The Same. The provision of the charter referred to in the opinion of the Court, is as follows : “ F. Said corporation being conducted upon the mutual, assessment, or co-operation plan, shall not be required to maintain the “ Reserve” accumulations required by law of old line or regular life insurance companies, but shall pay all claims against it and due its reserve, sinking or benefit fund…

1Opinion of the CourtPage, J.

The complainants in this case pray:

1st. That the defendant company, its officers and attorneys, may be restrained from disposing of its assets, and from levying or collecting further assessments.

2nd. That it may be declared insolvent, and adjudged to be dissolved.

3rd. That a receiver may be appointed; and

4th. Such other relief as the case may require.

The grounds upon which they rely, may be briefly summarized as follows:

1st. The alleged insolvency of the corporation.

2nd. Frauds alleged to have been committed in the management of its affairs, particularly as to its dealings with the several…

2Cases cited3 opinions

  1. Royston v. HornerCourt of Appeals of Maryland · 1892
  2. Mason v. Supreme Court of the Equitable LeagueCourt of Appeals of Maryland · 1893
  3. Order of the International Fraternal Alliance v. StateCourt of Appeals of Maryland · 1893

3Cited by11 opinions

  1. Tampa Water Works Co. v. WoodsSupreme Court of Florida · 1929
  2. Blundon v. CrosierCourt of Appeals of Maryland · 1901
  3. Himmel v. EichengreenCourt of Appeals of Maryland · 1908
  4. Supreme Lodge, Order of the Golden Chain v. SimeringCourt of Appeals of Maryland · 1898
  5. Aetna Indemnity Co. v. Baltimore, Sparrows Point & Chesapeake Railway Co.Court of Appeals of Maryland · 1910

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