Hellenberg v. District Number One of the Independent Order of Berith
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made at the March term, 1883, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made at the March term, 1883, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff as executor of the will of Isaac Lowenstein, deceased, to recover an endowment alleged to be due under the charter and by-laws of defendant, a corporation organized under chapter 188, Laws of 1878. Lowenstein became a member of the corporation defendant in 1871. At that time among its…
1Opinion of the CourtFinch, J.
The charter and by-laws of the defendant corporation constituted the terms of an executory contract to which the testator assented when he accepted admission into the order. The testator agreed on his part to pay certain dues and assessments as specified, and the corporation agreed upon the death of the testator to pay $1,000 to his wife, if living ; if dead, to his children; and if there should be neither wife nor children, then to “ such person or persons as he may have formally designated to his lodge prior to his decease; ” such sum to be collected for that purpose by assessments. The…
2Cases cited8 opinions
- Maryland Mutual Benevolent Society of the Improved Order of Red Men v. ClendinenCourt of Appeals of Maryland · 1876
- Kentucky Masonic Mutual Life Ins. v. Miller's AdministratorCourt of Appeals of Kentucky · 1877
- Arthur v. Odd Fellows Beneficial Ass'nOhio Supreme Court · 1876
- Erdmann v. Mutual Insurance Co. of the Order of Herman's Sons of WisconsinWisconsin Supreme Court · 1878
- Durian v. Central Verein of the Hermann's SœhnneNew York Court of Common Pleas · 1877
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3Cited by88 opinions
- Freund v. FreundIllinois Supreme Court · 1905
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
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