CONFLICT OF LAWS-CONSTITUTIONAL LAW-FULL FAITH AND CREDIT-FRATERNAL BENEFIT SOCIETY'S CONSTITUTION CONTROLLING OVER STATUTE OF LIMITATIONS OF FORUM STATE

Authors

Bruce L. Moore S.Ed., University of Michigan Law SchoolFollow

Abstract

In an action against an Ohio fraternal benefit society to recover insurance benefits resulting from the death of an insured member, the defense was that the constitution of the society prohibited the bringing of an action on such a claim more than six months after disallowance of the claim. This provision was valid under the statutes and court decisions of Ohio. The statute of limitations of the state of the forum, South Dakota, was six years on contract actions. Another statute of South Dakota declared void every stipulation in a contract limiting the time within which a party may enforce his rights. The South Dakota Supreme Court affirmed judgment for claimant although his action was brought more than six months after disallowance of the claim. On certiorari to the United States Supreme Court, held, reversed. South Dakota, as the state of the forum, is required by the Constitution of the United States to give full faith and credit to the public acts of Ohio under which the fraternal benefit society was incorporated and to the six month limitation in the constitution of the society. Order of United Commercial Travelers v. Wolfe, (U.S. 1947) 67 S.Ct. 1355.

Recommended Citation

Bruce L. Moore S.Ed., CONFLICT OF LAWS-CONSTITUTIONAL LAW-FULL FAITH AND CREDIT-FRATERNAL BENEFIT SOCIETY'S CONSTITUTION CONTROLLING OVER STATUTE OF LIMITATIONS OF FORUM STATE, 46 Mich. L. Rev. 257 (1947).
Available at: https://repository.law.umich.edu/mlr/vol46/iss2/9