Marshall v. Grand Lodge of Ancient Order of United Workmen
California Supreme Court
The facts are stated in the opinion. John S. Partridge, Harris & Hess, and Percy V. Long, for Appellant. Some action of the order was necessary to effect the suspension of a member of a benefit society.
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The facts are stated in the opinion. John S. Partridge, Harris & Hess, and Percy V. Long, for Appellant. Some action of the order was necessary to effect the suspension of a member of a benefit society. (Niblack on Benefit Societies, p. 532, sec. 287; McDonald v. Chosen Friends, 78 Cal. 49.) The Ancient Order of United Workmen is an insurance company (State v. Miller, 66 Iowa, 26; Daniher v. Grand Lodge A. O. U. W., 10 Utah, 110); and that being so, the financier of the subordinate lodge, to whom all assessments were required to be paid, waived any condition against forfeiture, by accepting…
1Opinion of the Court
CHIPMAN, C.
Action by the widow of Louis N. Marshall to recover from defendant a sum claimed to be due upon a certificate issued by defendant to said Marshall in his lifetime, in which his wife, Emily, was named as beneficiary. The defense set up is, that, at the time of his death, Marshall was not a member of the defendant, in good standing, and was not entitled to participate in its beneficiary fund, out of which the sum claimed was by the terms of the certificate made payable. Defendant had judgment, from which and from the order denying her motion for a new trial plaintiff appeals. The…
2Cases cited4 opinions
- Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
- Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889
- McDonald v. Supreme Council of the Order of Chosen FriendsCalifornia Supreme Court · 1888
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
3Cited by11 opinions
- Shields v. JohnsonIdaho Supreme Court · 1904
- Lyon v. United ModernsCalifornia Supreme Court · 1906
- Shawnee Life Ins. Co. v. WatkinsSupreme Court of Oklahoma · 1916
- Valentine v. Head Camp, Pacific Jurisdiction, Woodmen of the WorldCalifornia Supreme Court · 1919
- Ells v. Order of United Commercial Travelers of AmericaCalifornia Supreme Court · 1942
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