Flynn v. Massachusetts Benefit Ass'n
Massachusetts Supreme Judicial Court
Contract, brought by the administrator of the estate of Eugene Sullivan, to recover $5,000 on a certificate of membership in the defendant association, issued to Sullivan for the benefit of his daughters, Tamzina and Maria. Trial in the Superior Court, before Staples, J., who, after a verdict for the plaintiff, reported the case for the determination of this court. The facts, so far as material to the points decided, appear in the opinion.
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Contract, brought by the administrator of the estate of Eugene Sullivan, to recover $5,000 on a certificate of membership in the defendant association, issued to Sullivan for the benefit of his daughters, Tamzina and Maria. Trial in the Superior Court, before Staples, J., who, after a verdict for the plaintiff, reported the case for the determination of this court. The facts, so far as material to the points decided, appear in the opinion. The case was argued at the bar in January, 1890, and after-wards was submitted on the briefs to all the judges.
1Opinion of the CourtDevens, J.
This action is brought upon a certificate, or contract under seal, issued by the defendant association, dated February 7, 1885, by which Eugene Sullivan, now deceased, was made a benefit member of the defendant association, and by which the association agreed to pay to his two children, Tamzina *289and Maria, described as his heirs at law, “ in sixty days after satisfactory proof of the death of said member, a sum equal to the amount received from a death assessment, but not to exceed five thousand dollars.”
The defendant contends that the action is improperly brought by the administrator of…
2Cases cited6 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Flynn v. North American Life InsuranceMassachusetts Supreme Judicial Court · 1874
- Bailey v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1873
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3Cited by12 opinions
- Lyon v. Supreme Assembly of RoyAl Society of Good FellowsMassachusetts Supreme Judicial Court · 1891
- Barker v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1908
- Traiser v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1909
- Dean v. American Legion of HonorMassachusetts Supreme Judicial Court · 1892
- Saunders v. SaundersMassachusetts Supreme Judicial Court · 1891
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