Ladies of the Modern Maccabees v. Illinois Surety Co.
Michigan Supreme Court
Error to St. Clair; Tappan, J. Assumpsit by the Ladies of the Modern Maccabees against the Illinois Surety Company upon an indemnity bond. Judgment for plaintiff., Defendant brings error. This case was submitted on briefs at the June, 1916, term and was reassigned at the April, 1917, term. Plaintiff is a fraternal beneficiary association, incorporated under the laws of this State. Its subordinate lodges are known as “hives.”
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Error to St. Clair; Tappan, J. Assumpsit by the Ladies of the Modern Maccabees against the Illinois Surety Company upon an indemnity bond. Judgment for plaintiff., Defendant brings error. This case was submitted on briefs at the June, 1916, term and was reassigned at the April, 1917, term. Plaintiff is a fraternal beneficiary association, incorporated under the laws of this State. Its subordinate lodges are known as “hives.” Each hive has a “finance keeper,” whose duty it is to collect assessments and per capita tax from members and remit the same to plaintiff, also to collect and disburse…
1Opinion of the CourtFellows, J.
(after stating the facts). The defendant’s brief is practically devoted to the discussion of the controlling question, and we shall only consider this question: If any defect exists in the pleadings, the circuit court may, in its discretion, cure it by amendment. It must be and is conceded by the defendant that, inasmuch as it is a corporate surety company executing the bond for a money consideration and engaged in such business for profit, it is not entitled to invoke the rule of strictissimi juris, as might be done by a gratuitous surety. People v. Traves, 188 Mich. 345 (154 N. W. 130);…
2Cases cited14 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- DeJernette v. Fidelity & Casualty Co.Court of Appeals of Kentucky · 1896
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Camelot Excavating Co., Inc. v. St. Paul Fire & Marine Ins. Co.Michigan Supreme Court · 1981
- First National Bank v. National Surety Co.New York Court of Appeals · 1920
- Lehr v. Professional UnderwritersMichigan Supreme Court · 1941
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Fourth & First Bank & Trust Co. v. Fidelity & Deposit Co.Tennessee Supreme Court · 1925
24 more not listed; retrieve them via the Exa API.