People v. Mutual Endowment & Accident Ass'n of Bath
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon a case submitted under section 1279 of the Code.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of defendant, entered upon a case submitted under section 1279 of the Code. The facts stated were substantially these: Defendant is a corporation organized under the act providing “ for the incorporation of societies or clubs for certain lawful purposes ” (Chap. 267, Laws of 1875, as amended by chap. 58, Laws of 1876, and chap. 98, Laws of 1880). By its constitution and by-laws, which were set forth in the case, it appeared that defendant contemplated to aid its members in case of…
1Opinion of the Court
Per Ouriam.
It does not appear by the agreed statement that there is any controversy or question in difference between the parties. The submission sets forth the articles of association of the defendant and the by-laws of the association, and the form of the certificate issued to its members, comprising class “ A,” and states that the company have issued to such members a certificate in the form as set forth, and that the defendant has never deposited $100,000, or any other sum, with the insurance department for any purpose whatever.
The question submitted is, “ whether the defendant has the…
2Cited by2 opinions
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