People Ex Rel. Meyers v. Masonic Guild & Mutual Benefit Ass'n
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second, judicial department, entered upon an order made December 8, 1890, which affirmed an order of Special Term, directing a peremptory writ of mandamus to issue.
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Appeal from order of the General Term of the Supreme Court in the second, judicial department, entered upon an order made December 8, 1890, which affirmed an order of Special Term, directing a peremptory writ of mandamus to issue. The defendant, a corporation organized under the laws of this state as a mutual benefit association, issued to one Isaac Meyers a certificate payable to the relator or his legal representatives, in the nature of a policy of insurance for $3,000, or for such proportion of the said sum as was provided for in the by-laws of the association. The consideration for such…
1Opinion of the CourtPeckham, J.
The certificate was the contract entered into by the defendant. Its liability to pay a death loss, and the manner in which it should pay it were provided for in the by-laws. By the liability which the members assumed must they be judged. It appears that they are liable to pay but one assessment for each death loss, and that one has been already made pursuant to the provisions of the by-laws, and the members upon whom it was made have paid the same. By the affidavit of the secretary of the defendant it would seem that an amount only equal to three-fifths of the certificate had been the result…
2Cited by2 opinions
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- Polk v. Mutual Reserve Fund Life Ass'nU.S. Circuit Court for the District of Southern New York · 1905