Legal Opinion

Born v. . Perkins

New York Court of Appeals

Decided March 26, 1918PublishedCited by 4 opinions

Appeal from a judgment, entered August 5, 1916, upon an order of the Appellate Division of the Supreme Court in the third judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a judgment in favor of defendant dismissing the complaint in an action to recover a death benefit alleged to be due pursuant to a provision of the by-laws of the defendant Cigarmakers’…

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Appeal from a judgment, entered August 5, 1916, upon an order of the Appellate Division of the Supreme Court in the third judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing a judgment in favor of defendant dismissing the complaint in an action to recover a death benefit alleged to be due pursuant to a provision of the by-laws of the defendant Cigarmakers’ International Union. The sole question at issue was the proper interpretation of a portion of section 146 of such…

1Opinion of the Court

Judgment affirmed, with costs, on opinion of Woodward, J., below.

Concur: Chase, Cardozo, Pound, McLaughlin and Andrews, JJ. Dissenting: His cock, Ch. J., and Hogan, J.

2Cited by4 opinions

  1. Lukazewski v. Sovereign Camp of the Woodmen of the WorldMichigan Supreme Court · 1935
  2. Bergkvist v. Supreme Council of the Royal ArcanumCity of New York Municipal Court · 1943
  3. Nagle v. PerkinsBuffalo City Court · 1927
  4. Reichle v. . PerkinsNew York Court of Appeals · 1922

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