Benson v. Eastern Building & Loan Ass'n
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 14, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint was properly dismissed. (Greve v. A. Ins. Co., 81 Hun, 28 ; Heslin v. E. B. & L. Assn., 28 Misc. Rep. 378 ; P. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 14, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint was properly dismissed. (Greve v. A. Ins. Co., 81 Hun, 28 ; Heslin v. E. B. & L. Assn., 28 Misc. Rep. 378 ; P. Ins. Co. v. Stukey, 18 Ohio, 455 ; Carpenter v. Shepardson, 43 Wis. 406 ; Bennett v. State, 3 Ind. 167 ; Daley v. P. B. L. &…
1Opinion of the CourtCullen, J.
The action was brought on certain certificates or contracts by which the defendant agreed to pay to the plaintiff in satisfaction of his shares the sum of one thousand dollars at the expiration of seventy-eight months from the date of the certificates provided the plaintiff made the periodical payments therein required. The venue of the ) action was laid in the county of Oswego. Judgment was a rendered dismissing the complaint on the ground that it was Uprovided by said certificates that “ any action brought against I this association (defendant) shall be commenced within six months after…
2Cases cited4 opinions
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Daley v. People's Building, Loan & Saving Ass'nMassachusetts Supreme Judicial Court · 1901
3Cited by38 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Nashua River Paper Co. v. Hammermill Paper Co.Massachusetts Supreme Judicial Court · 1916
- Callanan Industries, Inc. v. Sovereign Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Berrett v. Life Ins. Co. of the SouthwestDistrict Court, D. Utah · 1985
- Wood & Selick, Inc. v. Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1930
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