Burns v. Grand Lodge of Ancient Order of United Workmen
Massachusetts Supreme Judicial Court
Contract to recover $2,000 on a certificate of membership in a beneficiary association. Trial in the Superior Court, before Pitman, J., who ruled that the action could not be maintained, and ordered a verdict for the defendant; and reported the case for the determination of this court.
1Opinion of the Court
By the Court.
The subjoined opinion was prepared by Mr. Justice Deyens, and was adopted as the opinion of the court after his death by the Justices who sat with him at the argument.
This is an action of contract upon a sealed instrument, a benefit certificate, brought by Susan T. Burns and Francis A. Burns, the widow and son respectively of Alvin D. Burns, who died on October 30, 1887, for the use and benefit of one Levi J. Smith. The court below directed a verdict for the defendant; but by the case as reported, if the action can be maintained either by the plaintiffs jointly or individually,…
2Cases cited5 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Whitney v. WymanSupreme Court of the United States · 1880
- Kelley v. Newburyport & Amesbury Horse RailroadMassachusetts Supreme Judicial Court · 1886
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Flynn v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1890
3Cited by9 opinions
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Dean v. American Legion of HonorMassachusetts Supreme Judicial Court · 1892
- Clarke v. SchwarzenbergMassachusetts Supreme Judicial Court · 1894
- Supreme Lodge Knights of Honor v. BielerIndiana Court of Appeals · 1914
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