Graves v. Knights of the MacCabees of the World
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The by-laws relating to the forfeiture of certificates by engagement in the sale of liquors as a prohibited occupation are reasonable and valid.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The by-laws relating to the forfeiture of certificates by engagement in the sale of liquors as a prohibited occupation are reasonable and valid. (Tucker v. Supreme Tent, 123 App. Div. 223; 128 App. Div. 918; People ex rel. Goett v. Grand Lodge, 32 Misc. Rep. 528;…
1Opinion of the CourtHiscock, J.
This action was brought to recover on two certificates of insurance issued by the appellant on the life of one Graves and payable to the respondent, his wife. The sole defense is that all rights under these certificates had become forfeited because after their issue Graves became engaged in the sale of liquors in violation of one of appellant’s by-laws. On the facts established in support of that defense hereafter recited, the trial court refused to hold as matter of law that there had been a violation but allowed the jury to say whether there had been, and the latter having answered this…
2Cases cited2 opinions
- Tucker v. Supreme Tent of KnightsAppellate Division of the Supreme Court of the State of New York · 1908
- Tucker v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1910
3Cited by8 opinions
- Pannone v. John Hancock Mutual Life InsuranceSupreme Court of Rhode Island · 1931
- Kavanagh v. the MacCabeesUtah Supreme Court · 1925
- People v. Kelly, New York County Courts1934
- Pulaski v. Sovereign Camp of the Woodmen of the WorldNew York Supreme Court · 1918
- Smith v. Chapter General of AmericaAppellate Division of the Supreme Court of the State of New York · 1911
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