Audette v. L'Union St. Joseph
Massachusetts Supreme Judicial Court
Contract by the administratrix of a member of a beneficiary association to recover sick benefits under its by-laws. Writ dated December 31, 1898. At the trial in the Superior Court, before Stevens, J., without a jury, it appeared that the by-law sued upon was as follows : “ A member who is not disqualified and who finds himself incapable of working on account of sickness or accident shall receive from L’Union five dollars per week.”
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Contract by the administratrix of a member of a beneficiary association to recover sick benefits under its by-laws. Writ dated December 31, 1898. At the trial in the Superior Court, before Stevens, J., without a jury, it appeared that the by-law sued upon was as follows : “ A member who is not disqualified and who finds himself incapable of working on account of sickness or accident shall receive from L’Union five dollars per week.” The defendant contended that it was not liable under the above by-law because the intestate did not comply with the following by-law: “No sick member can receive…
1Opinion of the CourtLoring, J.
This case comes within the rule that where one engages for the act of a stranger he must procure the act to be done, and the refusal of the stranger, without the interference of the other party, is no excuse. That rule has been applied in this Commonwealth to the obligation of a person insured under *115a fire insurance policy to furnish to the fire insurance company a certificate, under the hand and seal of a magistrate, notary public, or commissioner of deeds, stating that he has examined the circumstances attending the loss, knows the character and circumstances of the assured, and believes…
2Cases cited13 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Home Insurance v. DukeIndiana Supreme Court · 1873
- Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
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- Marsch v. Southern New England RailroadMassachusetts Supreme Judicial Court · 1918
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Boruszweski v. Middlesex Mutual Assurance Co.Massachusetts Supreme Judicial Court · 1904
- Parr Construction Co. v. PomerCourt of Appeals of Maryland · 1958
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