Legal Opinion

Villone v. Perticara

Appellate Terms of the Supreme Court of New York

Decided February 15, 1909PublishedCited by 4 opinions

Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court of the city of Few York, first district, borough of Manhattan, after a trial before the court without a jury.

1Opinion of the CourtGiegerich, J.

The defendant is a benefit society, and the action is brought to recover a so-called “ sick benefit ” under-provisions of its by-laws which read as follows:

*258“ The Society grants sick benefits in all cases of sickness barring any sickness admittedly chronic or pre-existent to the time of the patient’s admission to membership * * *.
“ In respect to their proportions, the allowances granted by the Society are to be divided as follows: -Each member shall be entitled to $7.00 a week for any ordinary sickness exceeding three days, np to a period of three months.”

The plaintiff testified that he was a…

2Cases cited1 opinion

  1. Kelly v. Ancient Order of HiberniansNew York Court of Common Pleas · 1880

3Cited by4 opinions

  1. Murray Hospital v. AngroveMontana Supreme Court · 1932
  2. Fazekas v. Perth Amboy Holy Mary Roman Catholic Sick Benefit SocietyUnited States District Court · 1935
  3. Conlon v. Northern Life InsuranceMontana Supreme Court · 1939
  4. Mis v. Polish Society of Knights of St. Casimir, Pennsylvania Court of Common Pleas, Berks County1937

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