State ex rel. Wachenheimer v. Toledo & Lucas Co. Burial Ass'n

Citations

• 18 Ohio C.C. Dec. 397
• 8 Ohio C.C. (n.s.) 233

Syllabus

<p>BENEFICIAL ASSOCIATIONS — CORPORATIONS.</p> <p>Haynes, Parker and Wild man, JJ.</p> <p>1. Association to Fbovide BintiAts fob its Members Permitted bt Statutes— Couets wei not Interfere with Them.</p> <p>Revised Statutes 3631a (Lan. 6795), as amended March 29,1904 (97 O. L. 61), permits the organization of an association for the exclusive purpose of providing for the funeral expenses of its members with the restrictions named therein, and such an association will not be disturbed by the courts on the ground that it is not likely to he beneficial to its members or to the public.</p> <p>2. Insurance Companies — Constitutionality of Statute Relieving Certain Associations from Burdens.</p> <p>It is not unconstitutional for the legislature to relieve from certain burdens imposed on insurance companies insuring for large and unlimited amounts, companies or associations organized on a mutual plan and agreeing to furnish a funeral at a cost not to exceed $100 or to pay funeral expenses not to exceed $100, on the death of one of its members.</p> <p>3. Association Managed by Trustees who are Officers and Directors of Corporation for Profit is not Thereby a Corporation for Profit.</p> <p>An association organized for the purpose of providing funerals for its members, whose affairs are conducted by a board of trustees composed largely of the officers and directors of an undertaking company, a corporation for profit, and which has entered into a contract with the company whereby the company agrees for a certain price to provide funerals for the members of the association, is not therefore necessarily a corporation for profit.</p> <p>4. Association, under Rev. Stat. 3631a (Lan. 5795) as Amended 97 O'. L. 61, MAY NOT HAVE FOR MEMBERS MINORS OR THOSE NOT CONTRIBUTING BY ASSESSMENT to the Common Fund.</p> <p>An association not for profit, organized under Rev. Stat. 3631 (Lan. 5795) as amended in 97 O. L. 61, for the purpose of providing for the funeral expenses of its members out