Legal Opinion

McDonald v. Supreme Council of the Order of Chosen Friends

California Supreme Court

Decided December 31, 1888No. 12727PublishedCited by 26 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

— Action by the assignee of the heir of a member of a mutual benefit association to recover a sum of money claimed to be due upon the death of such member. The defense is, that the deceased failed to pay assessment No. 99 within the time required by the rules of the association, and that by reason of such non-payment he stood “ suspended” at the time of his death. The consequences of a suspension for over thirty days and less than three months are declared to be, that the member “ shall stand so suspended until all arrearages and fines shall have been paid to the secretary, and all…

2Cases cited2 opinions

  1. Borgraefe v. Supreme Lodge, Knights & Ladies of HonorMissouri Court of Appeals · 1886
  2. Medical & Surgical Society of Montgomery County v. WeatherlySupreme Court of Alabama · 1883

3Cited by26 opinions

  1. Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889
  2. Daniher v. Grand Lodge Ancient Order of United WorkmenUtah Supreme Court · 1894
  3. United Order of Golden Cross v. HooserSupreme Court of Alabama · 1909
  4. Modern Woodmen of America v. BreckenridgeSupreme Court of Kansas · 1907
  5. Modern Woodmen v. LawsonSupreme Court of Virginia · 1909

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