Lahey v. . Lahey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 9, 1901, affirming a judgment in favor of defendant entered upon a decision' of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 9, 1901, affirming a judgment in favor of defendant entered upon a decision' of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The constitution and by-laws of the C. M. B. A., in connection with the application and certificate, constitute the insurahce agreement by which the rights of the parties must be fixed. (Sabin v. Phinney, 134 N. Y. 423 ; Kimball v. Lester, 43 App. Div. 28 ; Collins v.…
1Opinion of the CourtMartin, J.
The Catholic Mutual Benefit Association is a domestic co-operative insurance company. Prior to the seventh of February, 1884, William Lahey became a member of a branch of the association located at Niagara Falls, which issued to him a beneficiary certificate entitling him to participate in its beneficiary fund to the amount of two thousand dollars. The plaintiff, liis wife, was designated as payee or beneficiary therein. During his life lie or his wife complied with all the laws and regulations of the association, and at the time of his death, which occurred December 1, 1899, he was a member…
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