Grand Lodge Knights of Pythias v. Manhattan Savings Institution
The Superior Court of New York City
Demurrer to the complaint. The plaintiff was incorporated under and by virtue o£ chapter 376 of the Laws of 1880, with power to institute subordinate lodges. The objects were the promotion of friendship, charity and benevolence, and to aid members in case of sickness or death.
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Demurrer to the complaint. The plaintiff was incorporated under and by virtue o£ chapter 376 of the Laws of 1880, with power to institute subordinate lodges. The objects were the promotion of friendship, charity and benevolence, and to aid members in case of sickness or death. The act declares that all funds raised to further these purposes shall be exempt from process against the grand or any subordinate lodge, and that upon the dissolution or suspension of any subordinate lodge, all the funds, etc., to its credit shall belong to and become the property of the grand lodge. In 1894, the…
1Opinion of the CourtMcAdam, J.
— Upon the conceded facts the money on deposit became the property of the plaintiff prior to April 1, 1895. The defendant was on that day sufficiently notified of the change of title; and, as a consequence, the payment on April 11, pursuant to the order made by the common pleas judge, was in the defendant’s own wrong, and not chargeable to the plaintiff. Richardson v. Ainsworth, 20 How. Prac. 521; Muir v. Schenck, 3 Hill, 232 ; Schrauth v. Bank, 86 N. Y. 390 ; Wright v. Cabot, 89 id. 570 ; Bank v. Pugsley, 47 id. 368; Beebe v. Goodenough, 3 Hun, 73 ; Roy v. Baucus, 43 Barb. 310.
The order…
2Cases cited3 opinions
- Schrauth v. . the Dry Dock Savings BankNew York Court of Appeals · 1881
- Richardson v. AinsworthNew York Supreme Court · 1861
- Roy v. BaucusNew York Supreme Court · 1863