Fink v. D. L. & W. Mutual Aid Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Caroline Fink, from a judgment of the Supreme Court in favor of the defendant Ellen Fink, entered in the office of the clerk of the county of Erie on the 11th day of June, 1900, upon the- decision of the ■ court rendered after a trial at the Erie Special Term. .
1DissentLaughlin, J.
The contract between the defendant society and the deceased member Eugene C. Fink was, as found by the trial court, to pay the beneficiary fund to the person or persons designated in the membership certificate. This certificate was to be. issued in the first instance according to the direction of the member in his application for membership. It being a mutual benefit assessment association, the statute gave the right to the member to change his 'beneficiary at will, subject only to the consent of the association to be obtained as prescribed by its by-laws. The only by-law relating to the…
2Cases cited4 opinions
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- Supreme Lodge, Knights of Honor v. NairnMichigan Supreme Court · 1886
- Wilson v. BryceAppellate Division of the Supreme Court of the State of New York · 1899