The Law of Fraternities and Societies ... with Special Reference to Their Insurance FeatureW.H. Stevenson, 1883 - 74 pages |
Common terms and phrases
agent Albany L. J. amotion assessment asso Beneficial Society beneficiary amount Benevolent Society bers Board of Trade bodies Bolton by-law certificate Chamber of Commerce charitable charter Charter Oak co-partnerships committee Commonwealth constitution contract corporation court decided court of equity creditor Daly N. Y. death debts deceased members decision deemed defendant devisees dissolve Ellison entitled Exch expelled member expulsion of members fund given Grand Lodge held incorporated insurable interest insurance company interfere Iowa Knights of Honor lower lodge masonic lodge Mass Medical Society Moak Mutual Benefit notice Odd Fellows offence Ohio St Olery ordinary insurance orphans paid parties partnership payable payment personally liable plaintiff purpose question reinstated relief ROYAL ARCANUM rules sick Smith statute subordinate lodge sued suit tion tribunal trustees unincorporated voluntary associations whilst widow Woad Yates City
Popular passages
Page 22 - It is not easy to define with precision what will, in all cases, constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 13 - A company or association may be organized to transact the business of life or accident insurance on the assessment plan, for the purpose of mutual protection and relief of its members, and for the payment of stipulated sums of money to the families or heirs of the deceased members of such company or association, and may receive money either by voluntary dona- Powers.
Page 51 - But they are bound in the exercise at their functions by the rule expressed in the maxim, audi alteram partem, that no man shall be condemned to conse-quences resulting from alleged misconduct unheard, and without having the opportunity of making his defence. This rule is not confined to the conduct of strictly legal tribunals, but is applicable to every tribunal or body of per.sons invested with authority to adjudicate upon matters involving civil consequences to individuals.
Page 47 - Courts should not, as a general rule, interfere with the contentions and quarrels of voluntary associations so long as the government is fairly and honestly administered, and those who have grievances should be required, in the first instance, to resort to the remedies for redress provided by their rules and regulations.
Page 51 - It is contended for the plaintiff that the language of the rules gives an unconditional and absolute power to the committee to expel a member from the society, and I agree that if the committee in fact exercised their power under the rules their decision could not be...
Page 22 - It is not necessary that the expectation of advantage or benefit should be always capable of pecuniary estimation ; for a parent has an insurable interest in the life of his child, and a child in the life of his parent, a husband in the life of his wife, and a wife in the life of her husband. The natural affection in cases of this kind is considered as more powerful — as operating more efficaciously — to protect the life of the insured than any other consideration.
Page 33 - ... charter or by-laws of the company, there is nothing in such habit or usage that could impose such a duty upon the company, with the consequence of making the notice a condition precedent to the right of the company to receive the interest on the premium note, according to the contract of insurance. The company is under no obligation to give such notice, and assumes no responsibility in giving it. The duty of the assured to pay at the day is the same, whether notice be given or not.
Page 53 - ... not to be taken away without an authority fairly derived either from the charter, or the nature of corporate bodies. Every man who becomes a member, looks to the charter; in that he puts his faith, and not in the uncertain will of a majority of the members. The...
Page 37 - no part of the stock or interest which any member or his widow or children may have in said institution, shall be subject to any debt against him or any of them...
Page 4 - It would seem that there must be a community of interest for business purposes. Hence voluntary associations or clubs, for social and charitable purposes, and the like, are not proper partnerships, nor have their members the powers and responsibilities of partners.