Bishop v. Grand Lodge of the Empire Order of Mutual Aid
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of defendant, entered upon an order made October 21, 1887, which denied a motion for a new trial, and directed judgment upon a ver•dict directed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, in favor of defendant, entered upon an order made October 21, 1887, which denied a motion for a new trial, and directed judgment upon a ver•dict directed by the court. The plaintiff brought this action as administratrix of William Bishop, deceased, to recover from the defendant $2,000 and interest from the 9th day of June, 1886, as the amount to which she was entitled by reason of the membership of the deceased in the corporation defendant at the time of his death. Upon the trial the court directed…
1Opinion of the CourtPeckham, J.
We are unable to agree with the learned court below in its construction of the contract in question. By the act of incorporation the object of the defendant was to aid and support members and their families in the case of want, sickness or death; and the act further provided that the'corporation might create a beneficiary fund for the relief of members and their families, subject to such conditions and regulations as might be adopted .by the defendant. This fund is to be set apart to be paid over to the families, heirs, or legal representatives of deceased or disabled members, or to such…
2Cases cited2 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Supreme Council of the Catholic Mutual Benefit Ass'n v. PriestMichigan Supreme Court · 1881
3Cited by31 opinions
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Ancient Order of Gleaners v. BuryMichigan Supreme Court · 1911
- German-American State Bank v. GodmanWashington Supreme Court · 1915
- Kelly v. Trimont Lodge, No. 249Supreme Court of North Carolina · 1910
- Ruoff v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
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