Somo v. Independent Order of Foresters
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Action by Mary Somo against Supreme Court of the Independent Order of Foresters. From a judgment in favor of the plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Benson. This is an action for money had and received.
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From Multnomah: Henry E. McGinn, Judge. Action by Mary Somo against Supreme Court of the Independent Order of Foresters. From a judgment in favor of the plaintiff, defendant appeals. Department 2. Statement by Mr. Justice Benson. This is an action for money had and received. The facts involved are substantially these: On the 8th day of March, 1893, W. J. Riley became a member of Court Pacific No. 1247, Independent Order of Foresters, located at Portland, Oregon, and received a certificate therefrom entitling the beneficiary named therein to receive upon his death the sum of $3,000. The…
1Opinion of the CourtJustice Benson
There are a number of assignments of error, but the conclusions we have reached render it unnecessary to consider any of them except the defendant’s motion for a directed vérdict.
1. At the outset it may be observed that the beneficiary certificate contains the following clause:
“I hereby expressly agree that the constitution and laws of the Independent Order of Foresters, as well as any amendments thereof which may be adopted from time to time by the Supreme Court, shall be a part of this contract.”
Subdivision 6 of Section 73 of the laws of the order reads thus:
“As soon as a court is…
2Cases cited8 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Cox v. Royal TribeOregon Supreme Court · 1903
- Dromgold v. Royal Neighbors of AmericaIllinois Supreme Court · 1913
- Whigham v. Independent ForestersOregon Supreme Court · 1904
- Dougherty v. Supreme Court of Independent Order of ForestersSupreme Court of Minnesota · 1914
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3Cited by2 opinions
- Occidental Life Ins. Co. v. MintonSupreme Court of Oklahoma · 1937
- Bloodgood v. Woman's Ben. Ass'n.New Mexico Supreme Court · 1932