Legal Opinion

Fox v. Junior Order United American Mechanics

Supreme Court of South Carolina

Decided July 20, 1918No. 10058PublishedCited by 2 opinions

Before Prince, J., York, Spring term, 1918. Action by J. A. Fox against the Junior Order United American Mechanics. From judgment of nonsuit, plaintiff appeals. submits: That unreasonable by-laws are not binding: 68 S. C. 55; 3 Enc. of Law, 2d Ed. 1062. When the facts are undisputed the question, whether a by-law, rule• or regulation is reasonable is one for the Court: 99 S. C. 141; 78 S. C. 382; 66 S. C. 202; 44 S. C. 442; 98 S. C. 206. The Sovereign Camp was responsible…

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Before Prince, J., York, Spring term, 1918. Action by J. A. Fox against the Junior Order United American Mechanics. From judgment of nonsuit, plaintiff appeals. submits: That unreasonable by-laws are not binding: 68 S. C. 55; 3 Enc. of Law, 2d Ed. 1062. When the facts are undisputed the question, whether a by-law, rule• or regulation is reasonable is one for the Court: 99 S. C. 141; 78 S. C. 382; 66 S. C. 202; 44 S. C. 442; 98 S. C. 206. The Sovereign Camp was responsible for the failure of the agent to discharge his duties: 95 S. C. 66; 54 S. C. 582; 96 S. C. 182; 69 S. C. 413; 189 U. S.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydrick.

Plaintiff appeals from judgment of nonsuit in this action, which is for damages for breach of contract.

Defendant is a mutual benefit association, conducted on the lodge system, and governed by a constitution and by-laws. It has a national council and State and subordinate, or local, councils. The constitution provides that no applicant over the age of 50 years shall be admitted to beneficial membership in any council, but such applicants may be admitted to honorary membership only.

In 1907, plaintiff became a member of a subordinate…

2Cited by2 opinions

  1. Hancock v. National Council Junior Order United American MechanicsSupreme Court of South Carolina · 1936
  2. Dillingham v. National Council, Junior Order of American MechanicsSupreme Court of South Carolina · 1920

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