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Dunn v. Merrimack County Odd Fellows' Mutual Relief Ass'n
68 N.H. 365
| N.H. | 1895
|
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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.

Case Details

Case Name: Dunn v. Merrimack County Odd Fellows' Mutual Relief Ass'n
Court Name: Supreme Court of New Hampshire
Date Published: Jun 5, 1895
Citation: 68 N.H. 365
Court Abbreviation: N.H.
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