Legal Opinion

Kelly v. Supreme Council of Catholic Mutual Benefit Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1899PublishedCited by 9 opinions

Appeal from special term, New York county. Action by Mary Kelly against the Supreme Council of the Catholic Mutual Benefit Association. From a judgment overruling demurrer to parts of the answer, plaintiff appeals. Affirmed.

1Opinion of the CourtMcLAUGHLIN, J.

This action was brought to recover $2,000, alleged to be due upon a membership certificate of insurance issued by defendant to plaintiff’s husband. The complaint alleged that, in consideration of the payment of an initiation fee, and of sundry dues and assessments; and in further consideration of the promises of Daniel W. Kelly, plaintiff’s husband, to comply with all the laws, rules, and requirements of the defendant while he was a member, the defendant delivered to him its beneficiary certificate, in and by which it promised and declared that he was entitled to participate in the…

2Cases cited3 opinions

  1. Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
  2. O'Reilly v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  3. Roach v. New York & Erie InsuranceNew York Court of Appeals · 1864

3Cited by9 opinions

  1. Roeh v. Business Men's Protective Ass'nSupreme Court of Iowa · 1914
  2. Supreme Ruling of Fraternal Mystic Circle v. HoskinsCourt of Appeals of Texas · 1914
  3. Becker v. Interstate Business Men's Acc. Ass'n of Des MoinesCourt of Appeals for the Eighth Circuit · 1920
  4. Richey v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1918
  5. Rollins v. Business Men's Accident Ass'n of AmericaMissouri Court of Appeals · 1920

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