Legal Opinion

Supreme Council A. L. H. v. Daix

Court of Appeals for the Third Circuit

Decided May 10, 1904No. 27PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania.

1Opinion of the Court

ACHESON, Circuit Judge.

It is conceded, as it must be, that the decision of this court in the case of Supreme Council A. L. H. v. Black, 123 Fed. 650, 59 C. C. A. 414, is conclusive here against the plaintiff in error (the defendant below), unless the plaintiff in this action (Daix) had lost his right to treat the contract as rescinded by reason of his delay of two years and three months in giving notice of his election to rescind, or the limitation of one year prescribed by the sixty-eighth general by-law of the defendant corporation had barred his action. These two grounds of defense are now…

2Cases cited1 opinion

  1. Supreme Council A. L. H. v. BlackCourt of Appeals for the Third Circuit · 1903

3Cited by10 opinions

  1. Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
  2. Mutual Relief Association v. RaySupreme Court of Arkansas · 1927
  3. Supreme Council A. L. H. v. LippincottCourt of Appeals for the Third Circuit · 1905
  4. McAlarney v. Supreme Council A. L. H.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
  5. Supreme Council A. L. H. v. McAlarneyCourt of Appeals for the Third Circuit · 1905

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