Ballou v. Gile
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. .The defendant appealed from a judgment in favor of the plaintiff. The case is thus stated by Mr. Justice Tavloe: “ This action was originally brought by the respondent against the £ Poyal Arcanum,’ a society incorporated by the laws of Massachusetts, to recover the sum of $3,000, which she claimed was due to her upon a benefit certificate of said society held by her husband, "Walter H. Ballou, at the time of his death.
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APPEAL from the Circuit Court for Winnebago County. .The defendant appealed from a judgment in favor of the plaintiff. The case is thus stated by Mr. Justice Tavloe: “ This action was originally brought by the respondent against the £ Poyal Arcanum,’ a society incorporated by the laws of Massachusetts, to recover the sum of $3,000, which she claimed was due to her upon a benefit certificate of said society held by her husband, "Walter H. Ballou, at the time of his death. The society did not dispute the indebtedness, but alleged that several other persons made claim to said sum of $3,000, and…
1Opinion of the CourtTaylor, J.
We think that, under the fifth paragraph of article 2 above quoted, it is clear that the widow and orphans’ fund was not established for the benefit of the creditors of a deceased brother, and that, if a deceased brother had no family or any other person dependent on him for support at the time of his death, no money would he due from the order to his administrator or any other person. We are also of the opinion that thi@ case comes clearly within section 4 of Law III, above quoted; that Walter H. Ballou died not having made any direction, by will, entry or benefit certificate, as to who…
2Cases cited4 opinions
- Kerman v. HowardWisconsin Supreme Court · 1868
- Clark v. DurandWisconsin Supreme Court · 1860
- Schunck v. Gegenseitiger Wittwen und Waisen FondWisconsin Supreme Court · 1878
- Archibald v. Mutual Life InsuranceWisconsin Supreme Court · 1875
3Cited by60 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Freund v. FreundIllinois Supreme Court · 1905
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
- Alexander v. ParkerIllinois Supreme Court · 1893
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