Dunn v. Merrimack County Odd Fellows' Mutual Relief Ass'n

Supreme Court of New Hampshire

Dunn v. Merrimack County Odd Fellows' Mutual Relief Ass'n

44 A. 484, 68 N.H. 365

DecidedJune 5, 1895

StatusPublished

This text of 44 A. 484 (Dunn v. Merrimack County Odd Fellows' Mutual Relief Ass'n) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dunn v. Merrimack County Odd Fellows' Mutual Relief Ass'n, 44 A. 484, 68 N.H. 365 (N.H. 1895).

Pincite

Opinion

Per Curiam. *

By the terms of the contract,, the liability assumed by the association was terminated when Dunn was suspended from his lodge. It does not appear that it was the duty of the association to.keep informed of the suspension of members from their respective lodges, or that their ignorance of Dunn’s suspension was due to any fault on their part. Hence their receipt of the assessments from him, who had full knowledge of the fact of his suspension, does not estop them to insist upon the terms of the contract. There is no ground on which the action can be maintained. When the association deposits $28 with the clerk of court for Dunn’s administrator, there will be

Judgment for the defendants.

All concurred.

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Per Curiam. *

By the terms of the contract,, the liability assumed by the association was terminated when Dunn was suspended from his lodge. It does not appear that it was the duty of the association to.keep informed of the suspension of members from their respective lodges, or that their ignorance of Dunn’s suspension was due to any fault on their part. Hence their receipt of the assessments from him, who had full knowledge of the fact of his suspension, does not estop them to insist upon the terms of the contract. There is no ground on which the action can be maintained. When the association deposits $28 with the clerk of court for Dunn’s administrator, there will be

Judgment for the defendants.

All concurred.

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Bluebook (online)

44 A. 484, 68 N.H. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-merrimack-county-odd-fellows-mutual-relief-assn-nh-1895.