Schiller Commandery No. 1 v. Jaennichen
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by the Schiller Commandery No. 1, United Friends of Michigan, against Louis Jaennichen, John Groll, and Catherine Thomas for money had and received. From a judgment for defendants on verdict directed by the court, plaintiff brings error.
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Error to Wayne; Hosmer, J. Assumpsit by the Schiller Commandery No. 1, United Friends of Michigan, against Louis Jaennichen, John Groll, and Catherine Thomas for money had and received. From a judgment for defendants on verdict directed by the court, plaintiff brings error. The United Friends of Michigan is an incorporated fraternal beneficiary association, and is within the provisions of Act No. 119 of the Public Acts of 1893. The plaintiff is a subordinate body of the United Friends of Michigan, and as such attempted to incorporate shortly before the commencement of this suit. Sections…
1Opinion of the CourtMontgomery, J.
(after stating the facts). The withdrawal of the 400 members did not change the identity of the association. The remaining members represented the society, and were entitled to retain the property. Sommers v. Reynolds, 103 Mich. 307; 1 Bac. Ben. Soc. § 38a. The Schiller Commandery No. 1, United Friends of Michigan, was, under the facts stated in the record, *131clearly entitled to the fund on hand at the time of the withdrawal of the 400.
The question is whether the incorporated body is legally identical with the previously-existing voluntary association. The incorporation of the body appears to…
2Cases cited2 opinions
- Mason v. FinchMichigan Supreme Court · 1873
- Sommers v. ReynoldsMichigan Supreme Court · 1894
3Cited by12 opinions
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- Sabourin v. J. S. LippeMassachusetts Supreme Judicial Court · 1907
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- Walters v. Pittsburgh & Lake Angeline Iron Co.Michigan Supreme Court · 1918
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