Meyer v. Supreme Lodge, Knights of Pythias
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the dissenting opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 30, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the dissenting opinion. The terms of the benefit certificate issued by the defendant to Emanuel Meyer, the'laws and rules of the defendant, together with the application for membership by Emanuel Meyer, ‘ constitute the contract which existed between the member and the society,…
1Opinion of the Court
Vann,' J.
The deceased was in extremis, incapable of acting or deciding for himself, and from the necessity of the case any one was authorized to call a physician to treat him. Without the knowledge or consent of the dying man Dr. Bruso was called for that purpose and for that purpose alone he attended. He found Mr. Meyer, the deceased, in bed in an upper room of a hotel “ suffering intense pain and vomiting.” Meyer told him to get out of the room, that he did not want him there, but he did not leave. He remained to treat him as a physician, and in order to treat him intelligently tried to…
2Cases cited7 opinions
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Renihan v. . DenninNew York Court of Appeals · 1886
- The People v. . MurphyNew York Court of Appeals · 1886
- Griffiths v. Metropolitan Street Railway Co.New York Court of Appeals · 1902
- Freel v. Market Street Cable Railway Co.California Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. DecinaNew York Court of Appeals · 1956
- Massachusetts Mutual Life Insurance Company v. Thomas E. BreiCourt of Appeals for the Second Circuit · 1962
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Eder v. CashinAppellate Division of the Supreme Court of the State of New York · 1953
- Turner v. Redwood Mutual Life Assn.California Court of Appeal · 1936
15 more not listed; retrieve them via the Exa API.