U.S. Court of Appeals for the Seventh Circuit, 1916

Holt v. Supreme Lodge Knights of Pythias

Holt v. Supreme Lodge Knights of Pythias
U.S. Court of Appeals for the Seventh Circuit · Decided July 18, 1916 · Alschuler, Born, MacK, San, Sanborn
235 F. 885; 149 C.C.A. 197; 1916 U.S. App. LEXIS 2234

Counsel

Henry L. Lazaras, of New Orleans, La., for appellants., Sol. H. Esarey, of Indianapolis, lnd.,-for appellee.

Holt v. Supreme Lodge Knights of Pythias

Cases that cite this one

4 later published cases cite this decision.

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.