Dimmer v. Supreme Council Catholic Knights of America
Ohio Circuit Courts
Heard on Error. Defendant cannot complain of plaintiffs habits in 1891, when it continued to receive from him dues and assessments for more than three years afterwards, down to December 6, 1894. National Mutual Benefit Association v. Jones, 48 Ky. HO. The beneficiary may maintain an action at law, on the certificate, though the defendant has refused to make an assessment. The defendant cannot take advantage of its own wrong, by refusing to make an assessment.
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Heard on Error. Defendant cannot complain of plaintiffs habits in 1891, when it continued to receive from him dues and assessments for more than three years afterwards, down to December 6, 1894. National Mutual Benefit Association v. Jones, 48 Ky. HO. The beneficiary may maintain an action at law, on the certificate, though the defendant has refused to make an assessment. The defendant cannot take advantage of its own wrong, by refusing to make an assessment. Earnshaw v. Sun Mut. Aid Soc. 12 Atl. Rep. 884 [68 Md. 465; 6 Am. St. Rep. 460]; Lake v. Minn. Masonic R. Assn., 63 N. W. Rep. 263; [61…
1Opinion of the CourtHutt, J.
This action is brought in this court to reverse the judgment of the court of common pleas, which was against the plaintiff in error, who was also, plaintiff below. The action was brought by the plaintiff to recover $2,000, which she claimed was due her upon a benefit certificate issued by and under the authority of the defendant.
The defendant is a corporation, organized under the laws of the state of Kentucky, as a fraternal beneficial association, having councils or branches in various parts of the United States, and one branch being known as St. Martin Branch, No. 194, located at Toledo,…
2Cases cited2 opinions
- Glardon v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1892
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. LeonardAppellate Court of Illinois · 1899