Shapiro v. Independent Order Brith Abraham of United States

Order of the Appellate Term reversing a judgment of the Municipal Court of the City of New York, Borough of Queens, *767and directing judgment in favor of the plaintiff in an action upon a benefit certificate issued by the defendant to one Morris Shapiro, unanimously affirmed, with costs. The by-law invoked by the defendant offends public policy and is invalid and ineffectual. While there is a difference on the facts between this ease and Kelly v. Supreme Council (46 App. Div. 79), that difference does not make for sound distinction. In this case the by-law, requiring proof of actual death and…