Legal Opinion

Popper v. Supreme Council of the Order of Chosen Friends

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

Decided May 15, 1901PublishedCited by 17 opinions

Appeal by the defendant, The Supreme Council of the Order of' Chosen Friends, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 21st day of February, 1901, upon the decision of the court, rendered after a trial at the Queens County Special Term, overruling a demurrer to the complaint.

1Opinion of the Court

Goodrich, P. J.:

The complaint alleges these facts.: The plaintiff, a resident of this State, is the beneficiary named in a certificate of membership which was issued by the defendant, in 1885, to Henrietta Popper, the wife of the plaintiff. She continued a member of the defendant until her death in 1900. Due notice'of her death was given to the defendant, but the claim has not been paid.

The defendant is an Indiana corporation having subordinate lodges and carrying on business in this State. It became insolvent *406' and a receiver was appointed by a court of Indiana. The receiver claims the right…

2Cases cited5 opinions

  1. People v. . Granite State Provident Assn.New York Court of Appeals · 1900
  2. Hegewisch v. . SilverNew York Court of Appeals · 1893
  3. People v. Granite State Provident Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
  4. Glines v. Supreme Sitting Order of Iron HallNew York Supreme Court · 1892
  5. Mosher v. Supreme Sitting of Order of Iron HallNew York Supreme Court · 1895

3Cited by17 opinions

  1. Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901
  2. Mieyr v. Federal Surety Co. of DavenportMontana Supreme Court · 1933
  3. Horton v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1913
  4. Moe v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
  5. Reusens v. Manufacturing & Selling Co.Appellate Division of the Supreme Court of the State of New York · 1904

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