Salvail v. Catholic Order of Foresters

• Decision Date: 15 March 1901
• Citation: 70 N.H. 635,50 A. 100
• Parties: SALVAIL v. CATHOLIC ORDER OF FORESTERS.
• Court: New Hampshire Supreme Court

50 A. 100

70 N.H. 635

SALVAIL

v. CATHOLIC ORDER OF FORESTERS.

Supreme Court of New Hampshire. Hillsboro.

March 15, 1901.

Exceptions from Hillsboro county.

Action by Clairie Salvail against the Catholic Order of Foresters. From a judgment in favor of plaintiff, defendants bring exceptions. Exceptions overruled.

Assumpsit upon a contract to pay a death benefit. Trial by jury, and verdict for the plaintiff. The sole defense was that the deceased was suspended for nonpayment of assessments. Before his death all arrearages were paid to the proper officer, and received without objection. The defendants excepted to evidence tending to show that the by-law under which the suspension was ordered had been habitually disregarded, and that the deceased had been assured by the defendants' officers that payment of arrears would restore him to membership.

Bertis A. Pease, for plaintiff.

Emile H. Tardivel, Henri T. Ledoux, and Henry N. Hurd, for defendants.

PARSONS, J. The evidence had some tendency to prove that the by-law upon which the defense relied had been waived or abandoned, so that it was no part of the contract sued on. The evidence was competent. No other question is reserved. Exceptions overruled.

PEASLEE, J., did not sit The others concurred.