Masonic Mutual Benefit Ass'n v. Tolles
Supreme Court of Connecticut
Action of interpleader, brought to the Superior Court in New Haven County and referred to a committee by whom the facts were found and reported; the court, Rorabaeh, J., accepted the report of the committee and rendered judgment in favor of the claimant William D. Gilbert, executor, from which Eulie M. Tolles, another claimant, appealed for alleged errors in the rulings of the court.
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Action of interpleader, brought to the Superior Court in New Haven County and referred to a committee by whom the facts were found and reported; the court, Rorabaeh, J., accepted the report of the committee and rendered judgment in favor of the claimant William D. Gilbert, executor, from which Eulie M. Tolles, another claimant, appealed for alleged errors in the rulings of the court. The allegations of the bill showed that Daniel B. Tolles was a member in good standing of the plaintiff association; that he died on the 28th day of February, 1896, and that thereupon the said association became…
1Opinion of the CourtAndeews, C. J.
After the report of the committee was filed in the Superior Court, Eulie M. Tolies moved to amend his statement of claim. The court denied this motion. In most cases the allowance of an amendment to pleadings is within the discretion of the court. Perhaps there is nothing in this case to take it out of the ordinary rule. We have, however, no occasion to decide, because it is agreed by counsel that this court may consider the case as though the averments of the claim were ample to admit in evidence all the facts in the committee’s report.
Daniel B. Tolies became an accepted member of the…
2Cases cited1 opinion
- Davis v. Town of SeymourSupreme Court of Connecticut · 1890
3Cited by14 opinions
- Supreme Council of Royal Arcanum v. BehrendSupreme Court of the United States · 1918
- Slack v. VillariCourt of Special Appeals of Maryland · 1984
- Neary v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1918
- Supreme Colony v. TowneSupreme Court of Connecticut · 1914
- Cade v. Head Camp, Pacific Jurisdiction, Woodmen of WorldWashington Supreme Court · 1902
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