Briggs v. Earl

• Decision Date: 22 June 1885
• Citation: 139 Mass. 473,1 N.E. 847
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Richard F. Briggs v. Henry H. Earl & others

139 Mass. 473

1 N.E. 847

Richard F. Briggs v. Henry H. Earl & others

Supreme Judicial Court of Massachusetts

June 22, 1885

Argued March 16, 1885

Suffolk.

Bill in equity, filed April 25, 1884, against Henry H. Earl and the New England Mutual Aid Society, a corporation established by law in this Commonwealth. An amendment of the bill, filed September 15, 1884, joined Clinton V. S. Remington as a party defendant. The case was heard, and reserved for the consideration of the full court, by Field, J., upon an agreed statement of facts, in substance as follows:

The New England Mutual Aid Society is a mutual benefit association organized under the Sts. of 1874, c. 375, and 1877, c. 204 and having its place of business in Boston. On April 16 1883, said society issued a certificate of membership to Joseph A. Remington of Fall River, the material part of which was as follows:

"This certificate of membership witnesseth, that . . . . the New England Mutual Aid Society of New Bedford, Mass., doth hereby declare that said Joseph A. Remington is a member of Class A in said society, and for the benefit of his wife, Adelaide V Remington, unless said member shall, at any time, or from time to time hereafter, in writing, assented to by said society, substitute some other beneficiary or beneficiaries and in that case for the benefit only of the beneficiary or beneficiaries last substituted as aforesaid before the death of said member; but if said member shall survive each and all the original beneficiary or beneficiaries, or, in case of substitution, each and all the beneficiary or beneficiaries last substituted as aforesaid, then for the benefit only of the legal heirs of said member. And the said society doth hereby agree to and with the said member that it will pay, or cause to be paid, unto the beneficiary or beneficiaries as aforesaid, or their legal representatives, within sixty days after receipt of correct and satisfactory proofs of the death of said member during the continuance of this certificate in force, a sum equal to the amount received from an assessment upon surviving members for the death fund of said class, but not to exceed five thousand dollars, provided that this certificate be surrendered and proper receipt for said sum be tendered to said society."

On October 3, 1883, Joseph and Adelaide Remington together executed and delivered to the defendant Earl, as collateral security for certain debts due said Earl from Joseph or Adelaide, or both, an instrument in writing, by which they assigned to Earl all their right, title, and interest in said certificate of membership. At the same time the certificate was delivered to Earl.

On January 15, 1884, Joseph A. Remington died, leaving a widow, said Adelaide, and four minor children. The plaintiff was duly appointed administrator of the estate of said Joseph. Proof of death was duly made, and the defendant society now holds the sum of $ 5000, due under said certificate, and is ready to pay the same to whomsoever this court shall decree.

On January 19, 1884, the defendant society first received notice that Earl held said certificate and the written instrument of assignment from Joseph and Adelaide Remington, and a copy of said instrument was received by said society and placed on file. The society took no further action upon the acceptance or non-acceptance of the same.

On March 4, 1884, Adelaide Remington executed and delivered to the defendant Clinton V. S. Remington an order or assignment of $ 1200 on said society. The consideration thereof was a debt equal to or larger than $ 1200 due said Clinton...