McClement v. Supreme Court of Independent Order of Foresters
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1915, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 27, 1915, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff had a vested right in the contract which the defendant could not impair or alter without his consent. The levy of the extraordinary assessment was an impairment of the plaintiff’s contract. (Wright v. Maccabees, 196 N.…
1Opinion of the CourtChase, J.
The only question involved on this appeal is the power of the defendant to charge an extraordinary assessment of $520 against the certificate of insurance held by the plaintiff as a member of the society. The defendant is a fraternal benefit society. A declaration of incorporation of the society or order was filed in the office of the provincial register of the Province of Ontario on the 23d day of July, 1881, pursuant to the Revised Statutes of Ontario, 1877, chapter 187. It was reincorporated by an act of the Parliament of the Dominion of Canada entitled: “ An act to incorporate the Supreme…
2Cases cited16 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Canada Southern Railway Co. v. GebhardSupreme Court of the United States · 1883
- Relfe v. RundleSupreme Court of the United States · 1881
- Supreme Lodge, Knights of Pythias v. MimsSupreme Court of the United States · 1916
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3Cited by15 opinions
- Jenkins v. TalbotIllinois Supreme Court · 1930
- Delaney v. Grand Lodge Ancient Order of United WorkmenMassachusetts Supreme Judicial Court · 1923
- Everett v. Supreme Council, Catholic Benevolent LegionNew York Court of Appeals · 1923
- Railway Mail Ass'n v. MurphyNew York Supreme Court · 1943
- Clark v. Security Benefit Assn.Supreme Court of Missouri · 1938
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