Legal Opinion

Born v. Perkins

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

Decided May 3, 1916PublishedCited by 3 opinions

Motion by the plaintiffs, Wallac Bom and another, for a new trial upon a case contáining exceptions, ordered to be heard at the Appellate Division in the first instance, upon a dismissal of the complaint by direction of the court at the close of plaintiffs’ case after a trial before the court and a jury at the Albany Trial Term in January, 1916.

1Opinion of the Court

Woodward, J.:

The complaint in this action- alleges that the Cigarmakers’ International Union of America is an unincorporated association having an insurance benefit, and that one James Born was a member of a local union in the city of New York, in good standing, at the time of his death on the 4th day of May; 1909, and had been a member in good standing for a period of fifteen years. Section 146 of the by-laws, it is claimed, provides that if the member has been such member for fifteen consecutive years the beneficiaries named or provided by law shall be entitled to receive $550 on his death.…

2Cited by3 opinions

  1. Lukazewski v. Sovereign Camp of the Woodmen of the WorldMichigan Supreme Court · 1935
  2. Bergkvist v. Supreme Council of the Royal ArcanumCity of New York Municipal Court · 1943
  3. Reichle v. . PerkinsNew York Court of Appeals · 1922

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