Pfeifer v. Supreme Lodge of the Bohemian Slavonian Benevolent Society of United States
New York Court of Appeals
Appeal from a judgment of the Appellate Division of-the Supreme Court in the first judicial department, entered July 15, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of-the Supreme Court in the first judicial department, entered July 15, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The contract, having been made for the benefit of no designated beneficiary, but inuring, by its terms, upon the death of a member, entitled to the death benefit, to “ his heirs,” the designation of a beneficiary is not a condition precedent to the…
1Opinion of the CourtBartlett, J.
There is no disputed question of fact. The defendant is a mutual benevolent society, having among other objects that of - mutual aid of its members in sickness and in death. . The provision in case of the death of a member is secured by a system of insurance for which provision is made in the constitution and by-laws.
It is stipulated that the intestate, Hynek Opitz, became a member of this order January 3d, 1880, and continued in that relation until his death June 28th, 1892, he then being forty-two years of age.
Notices of liis death were sent to the supreme lodge, the defendant herein, by…
2Cases cited1 opinion
- Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889
3Cited by5 opinions
- De Zoteel v. Mutual Life InsuranceSouth Dakota Supreme Court · 1932
- Devaney v. Ancient Order of Hibernians Life Insurance FundSupreme Court of Minnesota · 1913
- Hercnak v. Russian Orthodox Catholic Mutual Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1925
- Pagliuca v. Italian Barbers' Benevolent SocietyAppellate Division of the Supreme Court of the State of New York · 1918
- Tierney v. Perkins, New York County Courts1920