Raab v. National Slavonic Society of United States of America
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the City Court of the city of New York, in favor of plaintiffs entered on a verdict directed by the court.
1Opinion of the CourtGuy, J.
Action to recover death benefits -under certificate issued by defendant membership corporation.
It was pleaded that the decedent had been expelled from membership in the defendant, but the learned trial justice refused to allow the defendant to prove this defense, sustaining the objection of plaintiffs’ counsel that section 911 of the defendant’s by-laws should have been incorporated in the plea; arid he further denied the defendant’s application for leave to amend the said defense by incorporating said section.
Assuming that it was necessary for the defendant to plead the expulsion (Elmer v.…
2Cases cited6 opinions
- Elmer v. Mutual Benefit Life Ass'n of AmericaNew York Supreme Court · 1892
- Bopple v. Supreme TentAppellate Division of the Supreme Court of the State of New York · 1897
- Andrews v. ReinersAppellate Division of the Supreme Court of the State of New York · 1906
- Ellis v. National Provident UnionAppellate Division of the Supreme Court of the State of New York · 1900
- Demings v. Supreme Lodge, Knights of Pythias of the WorldAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Haber v. SchonzeitAppellate Terms of the Supreme Court of New York · 1916