Holt v. Supreme Lodge Knights of Pythias

U.S. Court of Appeals for the Seventh Circuit
Holt v. Supreme Lodge Knights of Pythias, 235 F. 885 (7th Cir. 1916)
149 C.C.A. 197; 1916 U.S. App. LEXIS 2234
Alschuler, Born, MacK, San, Sanborn

Holt v. Supreme Lodge Knights of Pythias

Opinion of the Court

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 *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.

Reference

Full Case Name
HOLT v. SUPREME LODGE KNIGHTS OF PYTHIAS
Cited By
6 cases
Status
Published