Brierly v. Equitable Aid Union
Massachusetts Supreme Judicial Court
Contract, by the administrator of the estate of William Brierly, to recover $950 under a certificate of membership issued by the defendant to the intestate. Mary F. Rich appeared as claimant of the fund. Trial in the Superior Court, without a jury, before Hopkins, J., who ruled that the claimant was not entitled to recover; found for the plaintiff; and reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The. benefit certificate was issued to the plaintiff’s intestate, a member of the society, and was payable to himself. The society upon being sued appeared, admitted its liability, and under St. 1886, c. 281, paid the money into court, and was stricken out as a party. The claimant appeared and filed her claim, and the trial was between the plaintiff and the claimant. As the payment was to be made to the intestate, the legal title to the fund is in the plaintiff; but if the claimant has the equitable interest she will prevail; the statute is broad enough to determine equitable rights and…
2Cases cited14 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Daniels v. PrattMassachusetts Supreme Judicial Court · 1887
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Dean v. American Legion of HonorMassachusetts Supreme Judicial Court · 1892
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3Cited by11 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- Lavigne v. des PatriotesMassachusetts Supreme Judicial Court · 1901
- Webster v. TelleSupreme Court of Arkansas · 1928
- Gonia v. O'BrionMassachusetts Supreme Judicial Court · 1916
- Henry E. Prunier v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1957
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