Dexter v. Supreme Council of Royal Templars of Temperance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin F. Dexter, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the» 24th day of February, 1904, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term.
1Opinion of the Court
Hatch, J.:
This action is brought by the plaintiff as assignee of an original mutual benefit certificate issued by the defendant on March 27r 1879, to James E. Dexter, the insured, now deceased, in the sum of $2,000, payable upon his death to his wife, Emily F. Dexter. It: appeared that on the 17th day of March, 1897, the insured duly-filed with the defendant his affidavit, stating that the original certificate, which this action is brought to enforce, was lost and he» *547applied for the issuance of a duplicate thereof to take its place. Thereupon the defendant on the 27th day of March, 1897,…
2Cases cited10 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Sabin v. . PhinneyNew York Court of Appeals · 1892
- Thomas v. . ThomasNew York Court of Appeals · 1892
- Coyne v. BoweAppellate Division of the Supreme Court of the State of New York · 1897
- Kemp v. New York Produce ExchangeAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Stronge v. Supreme Lodge, Knights of PythiasAppellate Division of the Supreme Court of the State of New York · 1906