Legal Opinion

Fogg v. Supreme Lodge of the United Order of the Golden Lion

Massachusetts Supreme Judicial Court

Decided April 7, 1893PublishedCited by 20 opinions

Petition, by the receiver of the Supreme Lodge of the United Order of the Golden Lion, for instructions as to the disposition of the funds in his hands. This receiver, who was appointed after the decision reported in 156 Mass. 431, also filed his fourth report. The case was reported by Laihrop, J., and on certain questions, not determined by him on the facts then presented, by Knowlton, J., for the determination of the full court. The material facts appear in the opinion.

1Opinion of the CourtAllen, J.

The receiver is very properly anxious to make a distribution of the assets as soon as possible, and we also feel the importance of so doing in this and the other similar cases pending in this court, and therefore we have given our earliest attention to the questions presented.

1. It is contended in behalf of certain certificate holders that the whole business prosecuted by the Order of the Golden Lion was illegal and ultra vires, and that therefore all moneys collected by it from its apparent members were paid without consideration, and might be recovered back in actions for money had and…

2Cases cited2 opinions

  1. Burdon v. Massachusetts Safety Fund Ass'nMassachusetts Supreme Judicial Court · 1888
  2. Briggs v. EarlMassachusetts Supreme Judicial Court · 1885

3Cited by20 opinions

  1. People v. Commercial Alliance Life InsuranceNew York Court of Appeals · 1897
  2. Davis v. MazzuchelliMassachusetts Supreme Judicial Court · 1921
  3. Federico MacAroni Mfg. v. Great Western Fire Ins. Co.Supreme Court of Louisiana · 1931
  4. Cobb v. Camden Savings BankSupreme Judicial Court of Maine · 1909
  5. Merrill v. Commonwealth Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896

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