Farmers' Loan & Trust Co. v. Aberle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel W. Milbank, as receiver of the Mutual Benefit Life Association of America, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of New York on the 19th day of November,, 1896, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Rumsey, J.:
The first question to be determined is whether so much of the judgment as prescribes that the funds in the hands of the plaintiff should be distributed among the members of the association who are entitled to participate in the reserve fund, is correct, or whether that *81fund should he mingled with the mortuary fund and all the death claimants' allowed to share in it. '
The reserve fund of the association is established by the by-laws which, in that regard, read as follows:
“ From each assessment received by the association twenty per cent (20%) shall be set aside and constitute a…
2Cases cited6 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- Mason v. . HenryNew York Court of Appeals · 1897
- In Re the Voluntary Dissolution of the Home Provident Safety Fund Ass'nNew York Court of Appeals · 1891
- Weiler v. Equitable Aid UnionNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Consider Parish v. New York Produce ExchangeNew York Court of Appeals · 1901
- Bond v. Atlantic Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1910
- People v. Family Fund SocietyAppellate Division of the Supreme Court of the State of New York · 1898
- Williams v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Robinson v. Mutual Reserve Life Ins.U.S. Circuit Court for the District of Southern New York · 1908
3 more not listed; retrieve them via the Exa API.