Legal Opinion

Conselyea v. Supreme Council American Legion of Honor

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

Decided July 1, 1896PublishedCited by 9 opinions

Motion by the plaintiff, Charlotte A. Conselyea, for a new trial on a case containing exceptions, ordered to be heard at the General Term in the first instance, upon the verdict of a jury directed by the court after a trial at the Kings County Circuit on the lltli day of January, 1895. This appeal came on to be heard at the Appellate Division of fhe Supreme Court of the second department on February fourth, and it appearing that two members of the court were not qualified to…

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Motion by the plaintiff, Charlotte A. Conselyea, for a new trial on a case containing exceptions, ordered to be heard at the General Term in the first instance, upon the verdict of a jury directed by the court after a trial at the Kings County Circuit on the lltli day of January, 1895. This appeal came on to be heard at the Appellate Division of fhe Supreme Court of the second department on February fourth, and it appearing that two members of the court were not qualified to sit in the case, an order was granted transferring the appeal to the Appellate Division of the first department, to be…

1Opinion of the Court

O’Brien, J.:

The issue presented upon the trial was as to whether or not the husband, William Oonselyea, was a member in good standing at the time of his death. The defendant contends that, by his failure to pay the assessment No. 237, which was due on the 15th of June,. 1892, he became suspended, pursuant to the laws of the association.; and, further, that having resigned as a member during Ms.lifetime.. *468pursuant to the by-laws, his membership had ceased. It will thus be seen that the claims' advanced are that the husband was. suspended for failing to pay his assessments; that he voluntarily…

2Cited by9 opinions

  1. Lahey v. . LaheyNew York Court of Appeals · 1903
  2. Stronge v. Supreme Lodge, Knights of PythiasNew York Court of Appeals · 1907
  3. Salinas v. SalinasNew York Supreme Court · 1946
  4. Locomotive Engineers Mutual Life & Accident Insurance v. LockeAppellate Division of the Supreme Court of the State of New York · 1937
  5. Zies v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933

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