Supreme Council Catholic Benevolent Legion v. Murphy
New Jersey Court of Chancery
On bill of interpleader. Final hearing on issue made up .between the defendants, Kate Murphy and Mary J. Bauer. This is a suit of interpleader. The contest is over a sum of' $1,000, deposited in the court by the complainant as part— one-half — of the money due under a certificate called a benefit certificate issued by the complainant to John J. Murphy, the husband of the defendant ICate Murphy and the brother of the-defendant Mrs. Bauer.
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On bill of interpleader. Final hearing on issue made up .between the defendants, Kate Murphy and Mary J. Bauer. This is a suit of interpleader. The contest is over a sum of' $1,000, deposited in the court by the complainant as part— one-half — of the money due under a certificate called a benefit certificate issued by the complainant to John J. Murphy, the husband of the defendant ICate Murphy and the brother of the-defendant Mrs. Bauer. The certificate is dated March 9th, 1888, and is issued to-John J. Murphy, as a member of Paulus Hook Council, No. 183, of the Catholic Benevolent Legion, at…
1Opinion of the Court
Pitney, Y. C.
There are two aspects of the law applicable to this case. One which holds that the rules of the complainant society regulating the making of new designations of beneficiaries applies and controls the rights of the parties, although the society has paid the money into court, thereby, as held in many adjudged cases, waiving all defences which it might have made to a claim preferred by any particular party based on a failure to comply with those rules.
The other aspect is that the rules and regulations just mentioned are made wholly for the benefit of the association, to protect it…
2Cases cited8 opinions
- Martin v. StubbingsIllinois Supreme Court · 1888
- Splawn v. ChewTexas Supreme Court · 1883
- Manning v. Ancient Order of United WorkmenCourt of Appeals of Kentucky · 1887
- Grand Lodge of Ancient Order of United Workmen v. ChildMichigan Supreme Court · 1888
- Pennsylvania Railroad v. WolfeSupreme Court of Pennsylvania · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Mitchell v. LangleySupreme Court of Georgia · 1915
- Fendler v. RoySupreme Court of Missouri · 1932
- Dell v. VarnedoeSupreme Court of Georgia · 1918
- Eberwein v. EberweinCourt of Appeals of Maryland · 1949
- Royal Arcanum v. RileySupreme Court of Georgia · 1915
14 more not listed; retrieve them via the Exa API.