Abeline v. Firemen's Benevolent Fund Ass'n

The plaintiffs in this nonjury action, submitted on agreed state of facts, constitute most of the paid firemen for the Village of Herkimer.

*407The plaintiffs bring an action in the nature of a declaratory judgment and seek money damages against the defendant in the sum of $8,576.02.

It is the plaintiffs’ claim that the defendant has collected certain funds under sections 553 and 554 of the Insurance Law of the State of New York which funds are derived from a certain tax on premiums of policies of fire insurance of foreign and alien fire insurance stock companies. They claim that the funds should…