Barry v. Order of the Catholic Knights of Wisconsin
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Warreh D. Tarrant, Circuit Judge. This is an action by the plaintiff, as widow of one James IT. Barry, deceased, upon a mutual benefit certificate issued by the defendant to said James H. Barry in his lifetime. The action was tried by the court, and the facts necessary to be stated are undisputed.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Warreh D. Tarrant, Circuit Judge. This is an action by the plaintiff, as widow of one James IT. Barry, deceased, upon a mutual benefit certificate issued by the defendant to said James H. Barry in his lifetime. The action was tried by the court, and the facts necessary to be stated are undisputed. The defendant is a mutual benefit association incorporated under the laws of Wisconsin for the benefit of practical Homan Catholics only, and providing the death benefit of $2,000. Its articles of incorporation provide, among other…
1Opinion of the CourtWinslow, J.
There were a number of interesting questions discussed in the briefs in this case, which we have not found it necessary to consider. To our minds, a few simple-propositions demonstrate the- correctness of the judgment. The defendant corporation was organized for the sole benefit of members of the Eoman Catholic 'Church, and for them *366only so long as they remain practical Catholics. The decedent, in his application for membership, understood this, and agreed that, if admitted, he would faithfully carry out the principles set forth in the constitution and by-laws of the order, and that upon any…
2Cases cited2 opinions
- Franta v. Bohemian Roman Catholic Central UnionSupreme Court of Missouri · 1901
- Mazurkiewicz v. St. Adelbertus Aid SocietyMichigan Supreme Court · 1901
3Cited by8 opinions
- Jacobs v. MajorWisconsin Supreme Court · 1987
- Paulson v. PaulsonWisconsin Supreme Court · 1906
- Thomas v. CovertWisconsin Supreme Court · 1906
- Hennessey v. Knights of ColumbusAppellate Division of the Supreme Court of the State of New York · 1933
- Geronime v. German Roman Catholic Aid Ass'n of MinnesotaSupreme Court of Minnesota · 1914
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