Davin v. Davin
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Patterson, J.:
The contest in this case is between two claimants to the proceeds of a benefit certificate issued by the defendant the Knights of Columbus on the 5th day of August, 1901, to one James J. Bavin, who died on the 18tli of July, 1904, leaving him surviving the plaintiff, his widow, and the defendant Patrick Bavin, his father. The avails of the certificate were paid into court by the Knights of Columbus. It is what is known as a benefit certificate and after reciting that James J. Bavin was a member of the Ave Maria Council, No. 241, of the defendant society or organization, and that…
2Cases cited2 opinions
- Larkin v. Knights of ColumbusMassachusetts Supreme Judicial Court · 1905
- Knights of Columbus v. RoweSupreme Court of Connecticut · 1898
3Cited by5 opinions
- Kingsley v. Hawthorne Fabrics, Inc.Supreme Court of New Jersey · 1964
- Dennis v. Equitable Life Assurance SocietySupreme Court of Arkansas · 1935
- Vanasek v. Western Bohemian Fraternal Ass'nSupreme Court of Minnesota · 1913
- McCorkle Cooperative Apartments, Inc. v. GrossAppellate Division of the Supreme Court of the State of New York · 1976
- Axelrad v. AxelradNew York Supreme Court · 1943