Holczer v. Independent Brass City Lodge, Inc.

Decision Date29 May 1926
Citation133 A. 666,104 Conn. 539
CourtConnecticut Supreme Court

Appeal from District Court of Waterbury; Walter D. Makepeace, Deputy Judge.

Action by J. M. Holczer against the Independent Brass City Lodge Incorporated, to recover the amount of a death benefit claimed to be due plaintiff as beneficiary of his wife, as a deceased member of the defendant society, tried to the court. Judgment for plaintiff for $555.67, and defendant appeals. No error.

In action for death benefit, where society had implied knowledge that decedent enrolled without formal application examination, and vote, but treated membership as in full force, in absence of fraud, it will be held to have waived defects in membership.

Herman J. Weisman and Joseph J. Davis, both of Waterbury, for appellant.

Walter F. Torrance, of Waterbury, for appellee.


We first give attention to that portion of the appeal which relates to the refusal of the trial court to correct the finding by adding thereto certain paragraphs of the defendant's draft finding. The substance of the first of these, paragraph 5, is sufficiently embodied in various paragraphs of the finding. Paragraph 6 is unsupported by the evidence. As to paragraph 8, reference in a meeting of the defendant organization to the plaintiff's wife becoming a member is set forth in paragraph 9 of the finding in a manner which, upon the evidence, is not open to attack. The substance of the provisions of the by-laws as to membership is contained in paragraph 13 of the finding so far as could be material to the court's conclusions. The remaining subject-matter of the paragraph is not undisputed. Each of the remaining paragraphs in question either consists of or contains matter as to which the evidence was conflicting or which, at most, may not be regarded as admitted or undisputed. It is not the duty of the trial court, or of this court, to cull out such few isolated portions as might be found to be undisputed. Howd v MacGregor, 102 Conn. 331, 335, 128 A. 518. If we did so the ultimate conclusions would not be affected thereby.

The subordinate facts in the finding support the essential conclusions of the trial court and the judgment rendered. The defendant society entered and carried the name of Mrs Holczer upon its books, as a member, and collected and received dues and assessments on her account from 1917 until her death, July 1, 1921. In April, 1920, the plaintiff, in a letter to the financial secretary of the society. who was charged with the duty of receiving the dues of all members and had full access to all the records determinative of membership, raised the question as to whether or not his wife was, in fact, a member. The defendant was thereby put upon inquiry, but the fact of her membership was confirmed by the defendant through its financial secretary by thereafter continuing to demand and accept her dues. The society is charged with knowledge of the contents of its own records and the knowledge of its officers having a duty and authority to act in the matter is imputed to it. The defendant had implied knowledge of the manner in which the...

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5 cases
  • Cappiello v. Haselman
    • United States
    • Connecticut Supreme Court
    • February 10, 1967
    ...of the draft finding mixes undisputed and disputed matters, the entire paragraph was properly refused. Holczer v. Independent Brass City Lodge, Inc., 104 Conn. 539, 540, 133 A. 666. The defendant's claim that unsupported facts were erroneously included in the finding is without merit. The c......
  • Thelin v. Downs
    • United States
    • Connecticut Supreme Court
    • March 2, 1929
    ... ... 662 THELIN v. DOWNS ET AL. THELIN v. CITY OF BRIDGEPORT. Supreme Court of Errors of ... Holczer v ... Independent Brass City Lodge, 104 Conn ... ...
  • Buffalo Laborers Welfare Fund v. Leone Constr., Inc.
    • United States
    • U.S. District Court — Western District of New York
    • October 23, 2020
    ...v. Reginato's Estate, 272 F. Supp. 1016, 1021 (N.D. Cal. 1966), aff'd, 382 F.2d 1021 (9th Cir. 1967); Holczer v. Independent Brass City Lodge, 104 Conn. 539, 133 A. 666, 667 (Conn. 1926).3 Moreover, "[i]t is fair to assume, in most contexts, that lawyers know what their clients know". Burns......
  • Czarnecki v. Plastics Liquidating Co., Inc.
    • United States
    • Connecticut Supreme Court
    • November 20, 1979
    ...finding mixes undisputed and disputed matters, it is properly refused. Cappiello v. Haselman, supra; Holczer v. Independent Brass City Lodge, Inc., 104 Conn. 539, 540, 133 A. 666 (1926). The plaintiff's claim that certain facts were found without evidence cannot be sustained. In reviewing t......
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