Salvail v. Catholic Order of Foresters
Supreme Court of New Hampshire
Assumpsit, upon a contract to pay a death benefit. Trial by jury and verdict for the plaintiff. The sole defence was that the deceased was suspended for non-payment of assessments. Before his death all arrearages were paid to the proper officer, and received without objection.
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Assumpsit, upon a contract to pay a death benefit. Trial by jury and verdict for the plaintiff. The sole defence was that the deceased was suspended for non-payment of assessments. Before his death all arrearages were paid to the proper officer, and received without objection. The defendants excepted to evidence tending to show that the by-law under which the suspension was ordered had been habitually disregarded, and that the deceased had been assured by the defendants’ officers that payment of arrears would restore him to membership.
1Opinion of the CourtParsons, J.
The evidence had some tendency to prove that the by-law upon which the defence relied had been waived or .abandoned so that it was no part, of the contract sued on. The •evidence was competent. No other question is reserved.
Exception overruled.
Peaslee, J., did not sit: the others concurred.
2Cited by4 opinions
- Elliott v. LindquistSupreme Court of Pennsylvania · 1947
- Lally v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1909
- Labranche v. St. Jean Baptiste SocietySupreme Court of New Hampshire · 1911
- Langlois v. Association Canado-AméricaineSupreme Court of New Hampshire · 1919