Labranche v. St. Jean Baptiste Society
Supreme Court of New Hampshire
Assumpsit, for the expenses of the funeral of Alphonse Labranche and insurance upon his life. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J., on an agreed statement of facts. The defendant is a fraternal beneficiary association, providing by assessments for sick benefits and funeral expenses, and also having an insurance fund provided by a separate assessment of $1.50 for each member.
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Assumpsit, for the expenses of the funeral of Alphonse Labranche and insurance upon his life. Transferred without ruling from the May term, 1910, of the superior court by Plummer, J., on an agreed statement of facts. The defendant is a fraternal beneficiary association, providing by assessments for sick benefits and funeral expenses, and also having an insurance fund provided by a separate assessment of $1.50 for each member. As to sick and funeral benefits, the by-laws provide that “a member who shall fail to pay his dues at the general meeting of each month shall forfeit his right to vote…
1Opinion of the CourtPeaslee, J.
As to the funeral benefit, the plaintiff concedes that he cannot recover unless there has been a waiver of the provisions in the defendant’s by-laws; but as to the insurance provided by the special assessment, he contends that he is entitled to recover in any event because the only penalty provided for the non-payment of this assessment is expulsion from the society, and no such action had been taken. The fallacy in this position lies in its failure to take into account all the conditions imposed upon one claiming to recover the insurance. If the member failed to pay this special assessment,…
2Cases cited3 opinions
- Lally v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1909
- Salvail v. Catholic Order of ForestersSupreme Court of New Hampshire · 1900
- Dame v. WoodsSupreme Court of New Hampshire · 1905
3Cited by2 opinions
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