Legal Opinion

United Hebrew Benevolent Ass'n v. Benshimol

Massachusetts Supreme Judicial Court

Decided February 10, 1881PublishedCited by 32 opinions

Contract by a charitable corporation to recover of a member of the corporation five years’ dues and interest. Trial in the Superior Court, without a jury, before Putnam, J., who found the following facts; The plaintiff was duly organized, on February 5, 1867, under the Gen. Sts. e. 32. The objects of the association are to raise funds for the purpose of granting “ temporary relief to poor and helpless Israelites.”

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Contract by a charitable corporation to recover of a member of the corporation five years’ dues and interest. Trial in the Superior Court, without a jury, before Putnam, J., who found the following facts; The plaintiff was duly organized, on February 5, 1867, under the Gen. Sts. e. 32. The objects of the association are to raise funds for the purpose of granting “ temporary relief to poor and helpless Israelites.” Its constitution provides that “ any Israelite desiring to become a member can apply or be proposed to the board of direction by paying one dollar admittance fee; and, when declared…

1Opinion of the CourtColt, J.

The corporation was organized under the Gen. Sts. c. 32, which provides that seven or more persons associating by agreement in writing, for educational, charitable or religious purposes, and complying with its requirements, should become a body corporate. This chapter was repealed by the St. of 1874, c. 375, which, so far as relates to the creation of such corporations, substantially reenacts its provisions, and was declared by an act of the following year not to have been intended to affect corporations existing under previous laws. St. 1875, o. 49, § 2.

It is contended that, as the St. of…

2Cases cited4 opinions

  1. Steamship Co. v. JoliffeSupreme Court of the United States · 1865
  2. Cottage Street Methodist Episcopal Church v. KendallMassachusetts Supreme Judicial Court · 1877
  3. Athol Music Hall Co. v. CareyMassachusetts Supreme Judicial Court · 1875
  4. Vanbuskirk v. LevyCourt of Appeals of Kentucky · 1860

3Cited by32 opinions

  1. Pittsley v. DavidMassachusetts Supreme Judicial Court · 1937
  2. Sayer v. BrownSupreme Court of Georgia · 1904
  3. Wilson v. HeadMassachusetts Supreme Judicial Court · 1904
  4. Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  5. Reynolds v. BowenIndiana Supreme Court · 1894

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