Union Benevolent Society No. 8 v. Martin
Court of Appeals of Kentucky
Case 5 — Action Between Two Factions of a Society Over the Property oe the Society.' APPEAL PROM FAYETTE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. After a careful reading of the charter.the Union Benevolent Society, vol. 1, page 464, Session Acts of 1878 of the Kentucky Legislature, we find nowhere, the authority given by which the grand lodge could turn itself into a secret organization.
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Case 5 — Action Between Two Factions of a Society Over the Property oe the Society.' APPEAL PROM FAYETTE CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. After a careful reading of the charter.the Union Benevolent Society, vol. 1, page 464, Session Acts of 1878 of the Kentucky Legislature, we find nowhere, the authority given by which the grand lodge could turn itself into a secret organization. Section 2 of the charter provides, “That the purpose and object of the society is to provide and sustain at some point in this State, a home for the deserving orphans of deceased parents…
1Opinion of the Court
Opinion of tiie court by
JUDGE O’REAR
Reversing.
This controversy between discordant factions of appellant society involves tlie title to the funds, paraphernalia, and other personal property belonging to the lodge. In 1878 by an act of the Legislature, there was'incorporated the State Union Benevolent Society (1 Acts 1877-78, p. 464), a charitable organization incorporated to promote fraternalism and benevolence among its members. Section 3 of the incorporating act is: “The membership of said corporation shall consist of active and1 life members. The condition of such membership and the…
2Cases cited4 opinions
- Gibson v. ArmstrongCourt of Appeals of Kentucky · 1847
- Goodman v. Jedidjah Lodge, No. 7Court of Appeals of Maryland · 1887
- Baker v. DuckerCalifornia Supreme Court · 1889
- Brown v. MonroeCourt of Appeals of Kentucky · 1882
3Cited by7 opinions
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- Clearwater Citrus Growers' Ass'n v. AndrewsSupreme Court of Florida · 1921
- La Respetable Logia Adelphia Núm. 1 v. La Respetable Logia Adelphia Num. 1Supreme Court of Puerto Rico · 1951
- Most Worshipful Lodge v. Sons of Light Lodge No. 9California Court of Appeal · 1953
- Supreme Lodge of Fraternal Union of America v. LightCourt of Appeals for the Eighth Circuit · 1912
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