Schwemmer v. Supreme Council Catholic Benevolent Legion
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Council Catholic Benevolent Legion, from a determination and order o.f the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the Municipal Court of the City of New York for the Third District, Borough of Manhattan, on the 10th day of April, 1918, affirming a judgment of the Municipal Court of the City of New York for said district.
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Appeal by the defendant, Supreme Council Catholic Benevolent Legion, from a determination and order o.f the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the Municipal Court of the City of New York for the Third District, Borough of Manhattan, on the 10th day of April, 1918, affirming a judgment of the Municipal Court of the City of New York for said district. The issues were tried in the Municipal-Court before a judge without a jury.
1Opinion of the Court
Laughlin, J.:
This is an action to recover a balance claimed to be owing by the defendant, a domestic fraternal beneficiary order, on a beneficiary certificate which it issued to one Lorenz Schwemmer, a member of the order, on March 14, 1892. The membership of the defendant was divided into six grades, depending on the amount of their benefit certificates, which varied and were classified according to the periodical contributions in the form of assessment which the member was desirous of making. The decedent was a third grade member, and his benefit certificate was for the payment of “ a sum…
2Cases cited9 opinions
- Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
- Reynolds v. Supreme Council of the Royal ArcanumMassachusetts Supreme Judicial Court · 1906
- Supreme Lodge, Knights of Pythias v. MimsSupreme Court of the United States · 1916
- Komp v. . RaymondNew York Court of Appeals · 1903
- Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
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3Cited by4 opinions
- Chaves County Building & Loan Ass'n v. HodgesNew Mexico Supreme Court · 1936
- Kennedy v. Supreme Council Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1919
- Everett v. Supreme Council, Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1922
- Supreme Council, Catholic Benevolent Legion v. GalleryCourt of Appeals for the Seventh Circuit · 1921