Legal Opinion

Brinen v. Supreme Council

Michigan Supreme Court

Decided May 22, 1905No. Docket No. 20PublishedCited by 1 opinion

Error to Muskegon; Russell, J. Assumpsit by William Brinen against the Supreme Council of the Catholic Mutual Benefit Association upon a benefit certificate. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

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Error to Muskegon; Russell, J. Assumpsit by William Brinen against the Supreme Council of the Catholic Mutual Benefit Association upon a benefit certificate. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Defendant, a mutual benefit association, is organized under a special act of the legislature of the State of New York, enacted in 1879, Laws 1879, chap. 496. Section 5 of the act provides: “The object of this corporation shall be to improve the moral, mental and social condition of its members, and to educate them in integrity, sobriety and…

1Opinion of the CourtGrant, J.

(after stating the facts). Whether the original charter and by-laws of the defendant in force at date of the certificate contemplated that members might designate strangers or creditors as beneficiaries, we find it unnecessary to determine. The amended declaration is based solely upon the certificate of membership, and upon that plaintiff’s right of action depends. The deceased accepted a certificate naming his sister as beneficiary, and further limiting his right to thereafter name other beneficiaries “ to such person or persons as the rules and regulations of said association shall…

2Cases cited10 opinions

  1. Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
  2. Wist v. Grand Lodge A. O. U. W.Oregon Supreme Court · 1892
  3. Borgards v. Farmers' Mutual InsuranceMichigan Supreme Court · 1890
  4. Langnecker v. Trustees of the Grand Lodge Ancient Order of United WorkmenWisconsin Supreme Court · 1901
  5. Ross v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1903

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3Cited by1 opinion

  1. Dahlin v. Knights of the Modern MaccabeesMichigan Supreme Court · 1908

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