Legal Opinion

Straub v. Grand Lodge of the Ancient Order of United Workmen

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1896PublishedCited by 2 opinions

Appeal by the .plaintiff, Mary E. Straub, 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 15th day of April, 1895, upon the dismissal of the complaint directed by the court , after a trial at the New York Circuit befope the court and a jury.

1Opinion of the Court

Van Brunt, P. J.:. This action was brought upon a benefit certificate issued by the ■ defendant, a corporation organized and existing under the laws of this State as a mutual benefit or mutual relief fund society upon the co-operative plan for the benefit of its members. The only question in the case is whether the plaintiff gave, sufficient evidence to *139carry the case to the jury as to whether the insured, John Straub, was dead.

It appears from the evidence of one Bryant, the captain of the schooner Garrie E. Woodbury, that the insured, the plaintiff’s ..husband, shipped on board the schooner…

2Cited by2 opinions

  1. In re the Estate of KatzNew York Surrogate's Court · 1930
  2. Nelson v. Masonic Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1901

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