Doscher v. Vanderbilt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edgar Vanderbilt, as president, from a determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on or about the 7th day of July, 1916, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Seventh District, in plaintiff’s favor.
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Appeal by the defendant, Edgar Vanderbilt, as president, from a determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on or about the 7th day of July, 1916, affirming a judgment of the Municipal Court of the City of New York, Borough of Manhattan, Seventh District, in plaintiff’s favor. Defendant further appeals from the judgment so affirmed and from an order entered in said Municipal Court on the 28th day of December, 1915, denying defendant’s motion for a new trial.
1Opinion of the Court
Laughlin, J.:
The Teachers’ Mutual Life Assurance Association, a voluntary unincorporated association, consisting of more than seven *814members, was organized in May, 1869. Margaret Doscher, who was one of the original members, died on the 26th day of April, 1915, having performed all obligations and paid all assessments which she was called upon by said association to perform and pay until her death.. Article 7 of the by-laws of the association provided for the payment upon the death of a member of $500 to the assignee of the member. The plaintiff was the duly designated assignee of the…
2Cases cited5 opinions
- McCabe v. . GoodfellowNew York Court of Appeals · 1892
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Ayers v. Grand Lodge of the Ancient Order of United WorkmenNew York Court of Appeals · 1907
- McKee v. Town of PendletonIndiana Supreme Court · 1904
- Stewart v. ThorburnAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by1 opinion
- Knopp v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1933