Langan v. American Legion of Honor
New York Supreme Court
Action for damages for breach of the plaintiff’s contract of membership. The defendant is a fraternal mutual benefit corporation incorporated under the laws of the commonwealth of Massachusetts.
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Action for damages for breach of the plaintiff’s contract of membership. The defendant is a fraternal mutual benefit corporation incorporated under the laws of the commonwealth of Massachusetts. The plaintiff became a companion or member of it and received his benefit certificate on August 21, 1882. This certificate is that the plaintiff is received as a member of DeLong Council No. 986, and as a “ sixth degree contributor to the benefit fund of this order,” and “ upon condition that the said companion complies in the future with the laws, rules and regulations now governing the said council…
1Opinion of the CourtGaynor, J.
The contract between the plaintiff and the defendant consisted of the statute under which the order is incorporated, the application for membership, the benefit certificate issued thereon, and the constitution and by-laws of the defendant. Such contract could not be changed unless the power to do so was reserved. This rests on principles too familiar to call for cita*632tion of authority. I find in the contract no such reservation. The agreement by the plaintiff in the application for membership, and in the benefit certificate, to comply with all laws that might thereafter be adopted, as well as…
2Cases cited6 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
- Weiler v. Equitable Aid UnionNew York Supreme Court · 1895
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1880
- Skudera v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Newhall v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1902
- Tu-Vu Drive-In Corp. v. AshkinsCalifornia Supreme Court · 1964
- Spencer v. Hibernia BankCalifornia Court of Appeal · 1960
- Lewine ex rel. Wolford v. Supreme Lodge, Knights of Pythias of the WorldMissouri Court of Appeals · 1907
10 more not listed; retrieve them via the Exa API.