People v. Grand Lodge of the Empire Order of Mutual Aid
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the third judicial department, entered July 17, 1895, affirming an order of the Special Term, which confirmed the report of a referee appointed to take proof in this action as to the distribution of the assets of the defendant corporation.
Read the full summary
Appeal from an order of the late General Term of the Supreme Court in the third judicial department, entered July 17, 1895, affirming an order of the Special Term, which confirmed the report of a referee appointed to take proof in this action as to the distribution of the assets of the defendant corporation. The defendant was incorporated by chapter 189 of the Laws of 1879. One of the purposes of its incorporation, as stated in the act, was to aid, assist- and support members or their families in case of want, sickness or death. It was authorized to create, manage and disburse a beneficiary…
1Opinion of the CourtMartin, J.
The rights of the parties to this controversy are to be regarded as fixed as of the date of the commencement of this action. (Matter of E. R. F. L. Assn., 131 N. Y. 354, 369; People ex rel. v. Life & R. Assn., 150 N. Y. 108; People v. Commercial Alliance L. Ins. Co., 154 N. Y. 95.) It is practically admitted that their rights are tó be governed by the constitution and by-laws of the defendant and its certificate of membership. This court has several times held in similar cases that the constitution, by-laws and certificate, when authorized by law, form the contract upon which the rights of…
2Cases cited3 opinions
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- People v. Commercial Alliance Life InsuranceNew York Court of Appeals · 1897
- People Ex Rel. Attorney-General v. Life & Reserve Association of BuffaloNew York Court of Appeals · 1896
3Cited by5 opinions
- McNeil v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Gray v. DalyAppellate Division of the Supreme Court of the State of New York · 1899
- National Park Bank v. ClarkNew York Supreme Court · 1902
- Delaney v. KellyAppellate Division of the Supreme Court of the State of New York · 1905
- Russell v. O'DonoghueU.S. Circuit Court for the District of Southern New York · 1910