Shay v. National Benefit Society
New York Supreme Court
Motion for new trial on exceptions. Action by Emily J. Shay against the National Benefit Society of the city of New York to recover upon policies of insurance issued by the defendant to James Shay for the benefit of plaintiff. There was a verdict directed for the plaintiff, and defendant’s exceptions and motion for new trial" were ordered to be heard at the general term in the first instance.
1Opinion of the CourtMacomber, J.
One of the rules (the third) of the company, and under which the assured received the policies, is as follows: “The form of notice to, and process of collection from", each of the members of the assessment above named, shall be as follows: A notice shall be sent announcing such assessment, and the number thereof, to the last post-office given to the society by each member; and if the assessment is not received within thirty days from the mailing of the said notice it shall be accepted and taken as sufficient evidence that the party has decided to terminate his connection with the society,…
2Cited by8 opinions
- Cornell v. Travelers' Insurance Co. of HartfordAppellate Division of the Supreme Court of the State of New York · 1907
- McClure v. Supreme LodgeAppellate Division of the Supreme Court of the State of New York · 1899
- Lamb v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Griesa v. Massachusetts Benefit Ass'nNew York Supreme Court · 1891
- King v. Masonic Life Ass'nNew York Supreme Court · 1895
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