Boston Club v. Hannan
Massachusetts Supreme Judicial Court
Contract for $50 alleged to be owed by the defendant as club dues for the year beginning December 1, 1907. The action was brought in the name of the plaintiff, a social club incorporated under R. L. c. 125, by Oscar A. Marden, Esquire, who was appointed receiver of its property by a decree of the Superior Court on May 5, 1908. Writ dated May 4,1910. In the Superior Court the case was tried before Lawton, J. It appeared that on December 26, 1906, the defendant made…
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Contract for $50 alleged to be owed by the defendant as club dues for the year beginning December 1, 1907. The action was brought in the name of the plaintiff, a social club incorporated under R. L. c. 125, by Oscar A. Marden, Esquire, who was appointed receiver of its property by a decree of the Superior Court on May 5, 1908. Writ dated May 4,1910. In the Superior Court the case was tried before Lawton, J. It appeared that on December 26, 1906, the defendant made application for membership in the plaintiff upon a blank furnished by the clerk, such application stating that he was “Proposed by…
1Opinion of the CourtBraley, J.
The verdict for the plaintiff having been ordered upon the defendant’s admission that there was no question of fact for the jury, he contends that the evidence is insufficient to establish any liability for the annual assessment or dues to recover which the action is brought.
It is settled by the decision in Boston Club v. Potter, 212 Mass. 23, that the appointment of a receiver to wind up the affairs of the club and the closing of the club house did not terminate the liability of members for dues which accrued on December 1, 1907, and by the decision in Rogers v. Boston Club, 205 Mass. 261,…
2Cases cited11 opinions
- United Hebrew Benevolent Ass'n v. BenshimolMassachusetts Supreme Judicial Court · 1881
- Gray v. Christian SocietyMassachusetts Supreme Judicial Court · 1884
- McCoy v. Roman Catholic Mutual InsuranceMassachusetts Supreme Judicial Court · 1890
- Rogers v. Boston ClubMassachusetts Supreme Judicial Court · 1910
- McManus v. ThingMassachusetts Supreme Judicial Court · 1911
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