Dennis v. Massachusetts Benefit Ass'n
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second- judicial department, made February 14, 1888, which reversed a judgment in favor of defendant entered upon a verdict directed by the court, and reversed an order denying a motion for a new trial and-granted a new trial. On the 3d day of August, 1883, the defendant, a mutual benefit association, issued a certificate of membership to one J. Fred.
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Appeal from order of the General Term of the Supreme Court in the second- judicial department, made February 14, 1888, which reversed a judgment in favor of defendant entered upon a verdict directed by the court, and reversed an order denying a motion for a new trial and-granted a new trial. On the 3d day of August, 1883, the defendant, a mutual benefit association, issued a certificate of membership to one J. Fred. Dennis, conditioned that if Dennis should comply with the rules and regulations of the defendant, and forming a part of the contract, the defendant would pay to Anne C. Dennis,…
1Opinion of the CourtPabkeb, J.
If the certificate in question had provided without qualification that, for a. failure to pay an assessment within thirty days after the mailing of a notice thereof by the defendant, it should “ lapse and be void,” its invalidity would be established beyond dispute. (Roehner v. K. L. Ins. Co., 63 N. Y. 160; Evans v. U. S. L. Ins. Co., 64 id. 304.) And the fact that Dennis was prevented from making payment by an act of God, which deprived him of consciousness, would not relieve him from a forfeiture thus provided for. (Wheeler v. C. M. L. Ins. Co., 82 N. Y. 543.) But the question here…
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