Legal Opinion
Mitterwallner v. Supreme Lodge, Knights & Ladies of the Golden Star
City of New York Municipal Court
Decided March 15, 1902Published
Appeal from trial term. Action by Louis Mitterwallner against the Supreme Lodge, Knights and Ladies of the Golden Star. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtSeabury, J.
This action was brought to recover a balance alleged to be due under a “beneficiary certificate.” The certificate was issued to the husband of the plaintiff, and provided that in the event of his death $1,000 should be paid to his wife. The laws of the defendant provided that:
“The claims of members committing suicide (sane or insane) shall be paid as follows: If suicide occurs within the period of five years after receiving a certificate, 25 per cent, of the face value of the certificate shall be paid to the beneficiary or beneficiaries; after five years, and up to ten years, 50 per cent.;…
2Cases cited4 opinions
- Penfold v. . Universal Life Insurance Co.New York Court of Appeals · 1881
- Goldschmidt v. Mutual Life InsuranceNew York Supreme Court · 1890
- Pascekwitz v. RichardsNew York Supreme Court · 1902
- Harms v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901