Legal Opinion

Worley v. Northwestern Masonic Aid Ass'n

United States Circuit Court

Decided July 1, 1882PublishedCited by 3 opinions

The plaintiff, in his petition, states that Phillip H. Worley, deceased, died on or about the twenty-second of October, 1880, intestate, and that the plaintiff is the duly-appointed administrator of his estate; that the defendant is a corporation organized and existing under the laws of Illinois; that among the papers of decedent were two policies or certificates issued by the defendant, whereby the defendant agreed and contracted to pay to the devisees of said decedent,…

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The plaintiff, in his petition, states that Phillip H. Worley, deceased, died on or about the twenty-second of October, 1880, intestate, and that the plaintiff is the duly-appointed administrator of his estate; that the defendant is a corporation organized and existing under the laws of Illinois; that among the papers of decedent were two policies or certificates issued by the defendant, whereby the defendant agreed and contracted to pay to the devisees of said decedent, within 80 days after receiving evidence of said Worley’s death, certain sums of money, to be arrived at and computed from…

1Opinion of the Court

Love, D: J.

This action, in both form and substance, proceeds upon a breach of contract. The contract is contained in the certificates, copies of which are exhibited with the petition. The certificates provide that, for certain considerations therein mentioned flowing from Phillip H. Worley, deceased, the association promises and agrees to pay to the devisees of said decedent certain sums of money therein specified. In order to maintain the action the plaintiff must allege and show a breach of the contract. What breach has the plaintiff assigned ? What breach can he assign ? He has not alleged…

2Cases cited1 opinion

  1. McClure v. JohnsonSupreme Court of Iowa · 1881

3Cited by3 opinions

  1. Baker v. Mosaic TemplarsSupreme Court of Arkansas · 1918
  2. Devaney v. Ancient Order of Hibernians Life Insurance FundSupreme Court of Minnesota · 1913
  3. Leavitt v. International Brotherhood of BoilermakersSupreme Court of Kansas · 1930

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