Kimball v. Lower Columbia Fire Assn.
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by E. M. Kimball against the Lower Columbia Fire Belief Association of Oregon, C. F. Tigard, A. F. Miller, Jacob Vorhees, I. M. Simpson, J. L. Kruse and Charles L. Shaw to compel specific performance of a contract of insurance.
Read the full summary
From Marion: William Galloway, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is a suit by E. M. Kimball against the Lower Columbia Fire Belief Association of Oregon, C. F. Tigard, A. F. Miller, Jacob Vorhees, I. M. Simpson, J. L. Kruse and Charles L. Shaw to compel specific performance of a contract of insurance. The lower Columbia Fire Belief Association is a voluntary co-operative mutual benefit association, organized for the purpose and engaged in the business of insuring the property of its members against loss or damage by fire, and the other defendants are its…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. It appears from the transcript that the insurance contract in question and the by-laws were made exhibits to the complaint and a part thereof. They are omitted from the abstract and transcript, and for the purposes of this case we will assume that they support the rather indefinite allegations of the complaint.
2. In the absence of an enabling statute, a voluntary association cannot be sued by its association name. It has no legal existence, and the persons composing it must be joined individually: St. Paul Typothetae v. St. Paul Bookbinders’ Union, 94…
2Cases cited3 opinions
- St. Paul Typothetæ v. St. Paul Bookbinders' Union No. 37Supreme Court of Minnesota · 1905
- Davison v. HoldenSupreme Court of Connecticut · 1887
- Robinson v. RobinsonSupreme Judicial Court of Maine · 1833
3Cited by6 opinions
- Kimball v. Horticultural Fire ReliefOregon Supreme Court · 1916
- Herald v. Glendale Lodge No. 1289California Court of Appeal · 1920
- Willow River Water Users Ass'n v. Orchards Water Co.Oregon Supreme Court · 1924
- Superior Oil Syndicate v. HandleyOregon Supreme Court · 1921
- Brawner v. SandersOregon Supreme Court · 1966
1 more not listed; retrieve them via the Exa API.