Legal Opinion

Durian v. Central Verein of the Hermann's Sœhnne

New York Court of Common Pleas

Decided April 2, 1877PublishedCited by 23 opinions

' Appeal from a judgment entered upon a decision of the general term of the Marine Court of-the city of New York, affirming a judgment rendered by that court at trial term in favor of the defendant upon the merits. The cause was tried by the court, a jury having been waived.

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' Appeal from a judgment entered upon a decision of the general term of the Marine Court of-the city of New York, affirming a judgment rendered by that court at trial term in favor of the defendant upon the merits. The cause was tried by the court, a jury having been waived. This action was brought by the plaintiff, Barbara Durian, to recover from the -defendant, an incorporated benevolent society, the sum of $500, to which she claimed she was entitled out of its funds, as the person who had been designated in accordance with its constitution to receive said sum, by Philip Durian, a member of…

1Opinion of the CourtVan Hoesen, J.

The Central Verein of Hermann's Sons is a benevolent association which was formed in the year 1867 under the general act for the incorporation of such societies. It is a sort of mutual life insurance society, only th&se who belong to the order called the Sons of Hermann being eligible to membership in the Central Verein. One Philip Durian became a member of the Central Verein in the year 1867, soon after its formation. At the time Durian joined the association he was living with his wife Catherine, who is now his widow. About two years after-wards Catherine went to Europe, and during her…

2Cases cited5 opinions

  1. Eadie v. . SlimmonNew York Court of Appeals · 1862
  2. Gould v. EmersonMassachusetts Supreme Judicial Court · 1868
  3. Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
  4. Equitable Life Assurance Society v. PatersonSupreme Court of Georgia · 1870
  5. Lemon v. Phœnix Mutual Life InsuranceSupreme Court of Connecticut · 1871

3Cited by23 opinions

  1. Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
  2. Marsh v. Supreme Council American Legion of HonorMassachusetts Supreme Judicial Court · 1889
  3. Masonic Mutual Benefit Society v. BurkhartIndiana Supreme Court · 1887
  4. Presbyterian Mutual Assurance Fund v. AllenIndiana Supreme Court · 1886
  5. Richmond v. JohnsonSupreme Court of Minnesota · 1881

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