Smith v. Chapter General of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Chapter General of America, Knights of St. John and Malta, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the lTth day of March, 1910, upon the decision of the court rendered after a trial at the Kings County Trial Term before the court without a jury.
1Opinion of the Court
Burr, J.:
Defendant is a corporation of a fraternal and benevolent character. This action is brought to recover the. face value of an “ endowment certificate ” issued to one Michael Smith. Defendant’s constitution provides, among other things, that “ Applications *533shall not be received from barkeepers or other persons who at any time sell or serve intoxicating liquors to be drunk on the premises.” At the time when Michael Smith applied for membership in such corporation he was the proprietor and owner of a saloon at 91 Myrtle avenue, Brooklyn, had obtained a liquor tax certificate which issued…
2Cases cited1 opinion
- Graves v. Knights of the MacCabees of the WorldNew York Court of Appeals · 1910
3Cited by1 opinion
- Smith v. Chapter General of AmericaAppellate Division of the Supreme Court of the State of New York · 1911