Newhall v. Supreme Council American Legion of Honor
Massachusetts Supreme Judicial Court
Contract on a benefit certificate issued by the Supreme Council of the American Legion of Honor for $5,000 payable to the plaintiff on proof of the death of her late husband, Eben D. Newhall. Writ in the Supreme Judicial Court dated March 1, 1901. The case was presented to the full court on agreed facts.
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Contract on a benefit certificate issued by the Supreme Council of the American Legion of Honor for $5,000 payable to the plaintiff on proof of the death of her late husband, Eben D. Newhall. Writ in the Supreme Judicial Court dated March 1, 1901. The case was presented to the full court on agreed facts. The certificate was as follows: “ This is to certify that Eben D. Newhall is a Companion of the American Legion of Honor, said Companion having made application for sixth degree membership to Orient Council No. 25 A. L. of H. instituted and located at Taunton in the State of Mass., and passed…
1Opinion of the CourtHolmes, C. J.
This is an action on a certificate of membership issued by the defendant to Eben D. Newhall and promising to pay the plaintiff $5,000 upon certain conditions which have been performed. The defendant sets up that since issuing the certificate it has changed its by-laws and cut down the highest amount to be paid upon any benefit certificate to $2,000. The plaintiff denies the power of the defendant thus to diminish a member’s rights under his contract. The promise is made “in consideration of the full compliance with all the by-laws . . . now existing or hereafter adopted,” but the conditions…
2Cases cited11 opinions
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- Fort v. Iowa Legion of HonorSupreme Court of Iowa · 1909
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