Thomas v. . Thomas
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the fifth judicial department, entered upon an order made June 2,1891, which reversed a judgment in favor of the defendant, Mary E. Thomas, entered upon a decision of the court on trial at Special Term, .and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme 'Court in the fifth judicial department, entered upon an order made June 2,1891, which reversed a judgment in favor of the defendant, Mary E. Thomas, entered upon a decision of the court on trial at Special Term, .and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent, who was 'originally named in the certificate, had no vested right in the relief fund or in the rights secured by the certificate during the life of the assured. ( Wendt v. Germania, 8 N. Y. S. R. 351.)…
1Opinion of the CourtMaynard, J.
This action involves the question of title to a certificate of membership issued by the defendant, the Supreme Council of the Order of Chosen Friends, an Indiana assessment insurance corporation, to David IT. Thomas, April 28, 1881, insuring the fife of Thomas in the sum of $3,000, to be paid at his death to the plaintiff, Sarah A. Thomas, his only minor child, then living with him, and of the age of about seven years. Thomas was a widower when the certificate was issued, and on June 1, 1882, intermarried with the defendant, Mary E. Thomas. He died January 24,1887. The certificate, as issued,…
2Cases cited2 opinions
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- Supreme Lodge, Knights of Honor v. NairnMichigan Supreme Court · 1886
3Cited by39 opinions
- Freund v. FreundIllinois Supreme Court · 1905
- Fink v. . FinkNew York Court of Appeals · 1902
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Cronbach v. Aetna Life Ins. Co.Tennessee Supreme Court · 1925
- Hoeft v. Supreme Lodge Knights of HonorCalifornia Supreme Court · 1896
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