Legal Opinion
Stephenson v. Supreme Council A. L. H.
U.S. Circuit Court for the District of Eastern Pennsylvania
Decided May 18, 1904No. 37PublishedCited by 4 opinions
At Law. On motion for new trial.
1Opinion of the Court
J. B. McPHERSON, District Judge.
I am clearly of the opinion that the plaintiff has misconceived her remedy, and should have sued in equity, and not at law. Her husband was a member of the Legion of Honor, and held a certificate calling for the payment out of the benefit fund of “a sum not exceeding $5,000 in accordance with, and under the provisions of, the by-laws governing said fund.” In August, 1900, the supreme council passed a by-law reducing the amount payable on such certificates to $2,000, and on October 1st this by-law was put into effect. The plaintiff’s husband died in March, 1901,…
2Cases cited5 opinions
- George v. TateSupreme Court of the United States · 1881
- Hartshorn v. DaySupreme Court of the United States · 1857
- Franchot v. LeachNew York Supreme Court · 1826
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Belden v. DaviesThe Superior Court of New York City · 1829
3Cited by4 opinions
- Cook v. FoleyCourt of Appeals for the Eighth Circuit · 1907
- Pacific Mut. Life Ins. v. WebbCourt of Appeals for the Eighth Circuit · 1907
- Hogg v. MaxwellCourt of Appeals for the Second Circuit · 1914
- Johnson v. Chicago, M. & St. P. Ry. Co.District Court, W.D. Washington · 1915