Legal Opinion

Supreme Council American Legion of Honor v. Perry

Massachusetts Supreme Judicial Court

Decided January 11, 1886PublishedCited by 88 opinions

The first case was a bill of interpleader against Betsey Perry, Augusta F. Wallace, and James P. Hicks, executor of the will of Samuel B. Perry. Betsey Perry died pending the suit, and her administrator, Benjamin Gr. Perry, was made a defendant. The ease was heard in the Superior Court, before Pitman, J., who found the following facts: The plaintiff belongs to the class of corporations mentioned in sections 8-10 of o. 115 of the Pub.

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The first case was a bill of interpleader against Betsey Perry, Augusta F. Wallace, and James P. Hicks, executor of the will of Samuel B. Perry. Betsey Perry died pending the suit, and her administrator, Benjamin Gr. Perry, was made a defendant. The ease was heard in the Superior Court, before Pitman, J., who found the following facts: The plaintiff belongs to the class of corporations mentioned in sections 8-10 of o. 115 of the Pub. Sts;, and in e. 195 of the St. of 1882. It was established and organized for the purpose of cooperative insurance, transacting its business, to a certain extent,…

1Opinion of the CourtGardner, J.

The plaintiff in the first case is a corporation organized for the purpose of cooperative insurance, belonging to that class of corporations mentioned in the Pub. Sts. c. 115, §§ 9, 10, and the St. of 1882, c. 195. From the report of facts it is evident that the plaintiff corporation must have been organized under the St. of 1877, c. 204, which provides that certain associations, of which the plaintiff is one, “ may, for the purpose of assisting the widows, orphans, or other dependents of deceased members, provide in their by-laws for the payment by each member of a fixed sum, to be held by…

2Cases cited4 opinions

  1. Ballou v. GileWisconsin Supreme Court · 1880
  2. Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
  3. McClure v. JohnsonSupreme Court of Iowa · 1881
  4. Briggs v. EarlMassachusetts Supreme Judicial Court · 1885

3Cited by88 opinions

  1. Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
  2. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  3. McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
  4. Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
  5. Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887

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