Porter v. Supreme Council American Legion of Honor
Massachusetts Supreme Judicial Court
Contract upon a benefit certificate issued to the plaintiff by the defendant, for $5,000 damages to which the plaintiff was alleged to be entitled by reason of a breach of the contract by the defendant, as stated by the court, with second and third counts for $6,000 paid by the plaintiff to the defendant for assessments.
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Contract upon a benefit certificate issued to the plaintiff by the defendant, for $5,000 damages to which the plaintiff was alleged to be entitled by reason of a breach of the contract by the defendant, as stated by the court, with second and third counts for $6,000 paid by the plaintiff to the defendant for assessments. Writ in the Supreme Judicial Court dated December 12,1901. The case was tried before Loving, J., who ruled that upon the first count there had been no breach of contract which entitled the plaintiff to maintain an action for damages, and ruled and found that the plaintiff was…
1Opinion of the CourtLathrop, J.
We are of opinion that the justice of this court who heard the case was right in ruling that the plaintiff could not recover on any count of his declaration.
The plaintiff is a certificate holder in the defendant association. The certificate is dated September 10, 1895, and by its terms the defendant agrees to pay the plaintiff’s wife $5,000, upon satisfactory proof of the plaintiff’s death, while in good standing upon the books of the Supreme Council, and subject to certain conditions, one of which is : “ That said Companion shall have paid all assessments called within the time and in the…
2Cases cited8 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Daniels v. NewtonMassachusetts Supreme Judicial Court · 1874
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Langan v. Supreme Council American Legion of HonorNew York Court of Appeals · 1903
- Newhall v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Goldman v. Commercial Travellers Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1938
- Tirrell v. AndersonMassachusetts Supreme Judicial Court · 1923
- Menage v. RosenthalMassachusetts Supreme Judicial Court · 1905
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