Simons v. Supreme Council
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Council, American Legion of Honor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of May, 19Ó2, upon the verdict of a jury rendered by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff, as assignee of the beneficiaries under a benefit certificate for $5,000, issued by the defendant, seeks to recover the amount of the policy, less a payment of $1,900, a receipt for which was given by the beneficiaries at the time of the surrender of the certificate. Thomas S. Keyser took out the original certificate in •1882, and paid his dues' regularly up to the 1st of October, .1900. He died on the second day of October of that year. In the same year the defendant adopted a by-law, to take effect on the first day of October, which undertook to limit all of its…
2Cases cited3 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Langan v. Supreme Council American Legion of HonorNew York Court of Appeals · 1903
- Shultes v. SicklesNew York Court of Appeals · 1895
3Cited by2 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Smith v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904