Holt v. Supreme Lodge Knights of Pythias

Seventh Circuit

Holt v. Supreme Lodge Knights of Pythias

235 F. 885, 149 C.C.A. 197, 1916 U.S. App. LEXIS 2234

CourtCourt of Appeals for the Seventh Circuit

DecidedJuly 18, 1916

DocketNo. 2126

StatusPublished

Cited by6 cases

This text of 235 F. 885 (Holt v. Supreme Lodge Knights of Pythias) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holt v. Supreme Lodge Knights of Pythias, 235 F. 885, 149 C.C.A. 197, 1916 U.S. App. LEXIS 2234 (7th Cir. 1916).

Pincite

Opinion

SANBORN, District Judge

(after stating the facts as above). In the Mims Case, 241 U. S. 574, 36 Sup. Ct. 702, 60 L. Ed. 1179, the [888]*888Supreme Court decided that the benefit certificate of the member “was not a contract, but was a regulation subject to the possibility inherent in the case,” and that “the essence of the arrangement was that the members took the risk of events, and if the assessments levied at a certain time were insufficient to pay a benefit of a certain amount, whether from diminution of the members or any other cause, either they must pay more or tire beneficiary take less.” No possible distinction can be made between this litigation and the Mims Case brought against the same society.

The decree dismissing the bill is affirmed.

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SANBORN, District Judge

(after stating the facts as above). In the Mims Case, 241 U. S. 574, 36 Sup. Ct. 702, 60 L. Ed. 1179, the [888]*888Supreme Court decided that the benefit certificate of the member “was not a contract, but was a regulation subject to the possibility inherent in the case,” and that “the essence of the arrangement was that the members took the risk of events, and if the assessments levied at a certain time were insufficient to pay a benefit of a certain amount, whether from diminution of the members or any other cause, either they must pay more or tire beneficiary take less.” No possible distinction can be made between this litigation and the Mims Case brought against the same society.

The decree dismissing the bill is affirmed.

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Bluebook (online)

235 F. 885, 149 C.C.A. 197, 1916 U.S. App. LEXIS 2234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holt-v-supreme-lodge-knights-of-pythias-ca7-1916.

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