Mendelson v. Gausman
New York Supreme Court
Aotiqw in equity to determine conflicting claims to a benefit fund, payable under a certificate of membership in the Royal Arcanum. The action was first brought against the Royal Arcanum and the defendant was .interpleaded.
1Opinion of the CourtKapper, J.
If the laws of the society are to be given that force and effect which their plain reading demands, the fund in question should be awarded to the defendant. The decedent was entitled to name “ an affianced wife ” as beneficiary upon furnishing to the supreme secretary of the order “ written evidence of the affianced relation.” General laws of the Royal Arcanum, § 324. The next succeeding clause of the same section provides: “ Neither the decision of the Supreme Secretary nor the issuance of a benefit certificate shall be conclusive as to the fact of the affianced relation.” By section 330 it…
2Cases cited5 opinions
- Coulson v. . FlynnNew York Court of Appeals · 1905
- Sanger v. . RothschildNew York Court of Appeals · 1890
- Luhrs v. Supreme Lodge Knights & Ladies of HonorNew York Supreme Court · 1889
- Maguire v. MaguireAppellate Division of the Supreme Court of the State of New York · 1901
- Kult v. NelsonNew York Supreme Court · 1898