Oakley v. Working Men's Union Benevolent Society
New York Court of Common Pleas
Appeal by the defendants from a judgment entered against them in the Sixth District Court. The action was to recover for moneys which accrued to the plaintiff, as a member of the defendants, for monthly benefits. On the return of the summons, the president of the society appeared, admitted that it was an incorporated body, and that the money claimed had accrued to the plaintiff, but alleged that he had been paid.
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Appeal by the defendants from a judgment entered against them in the Sixth District Court. The action was to recover for moneys which accrued to the plaintiff, as a member of the defendants, for monthly benefits. On the return of the summons, the president of the society appeared, admitted that it was an incorporated body, and that the money claimed had accrued to the plaintiff, but alleged that he had been paid. An answer of payment having been put in, the trial was adjourned. At the adjourned day, no one appearing on behalf of the defendants, the plaintiff had judgment on the pleadings, and…
1Opinion of the Court
By the Court, Daly, First Judge.
We have nothing before us in this case but the justice’s return. If the admission, made by the president of the society, was the result of collusion between him and the plaintiff, that fact should have been shown by affidavit. From the return, there was no error in the proceedings or in the giving of judgment. On the return day of the summons the president of the society appeared for the defendants, and admitted that they were an incorporated body. *488He also admitted that thirty-six dollars had accrued to the plaintiff as a member of the society, being his…
2Cited by2 opinions
- Sarmiento v. Davis Boat & Oar Co.Michigan Supreme Court · 1895
- Department of Health v. BabcockAppellate Terms of the Supreme Court of New York · 1903