Loeb v. . Supreme Lodge, Royal Arcanum
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The case was properly tried at an Equity Term ; and if it were an action at law the defendant waived a jury trial by proceeding to trial at equity. (Code Civ. Pro. § 1009; T. N. Bank v. Shields, 55 Hun, 274; Rogers v. Straub, 75 Hun, 264; Side v. Brennan, 7…
1Opinion of the CourtEdward T. Bartlett, J.
The plaintiffs in this action seek to recover three thousand dollars on a benefit certificate issued to their father, Jacob Loeb, by the defendant. The plaintiffs were named as beneficiaries in the benefit certificate.
On September 28th, 1896, one J. 0. Chamberlain, collector for the defendant, notified the regent of defendant as follows: “ You are hereby notified that Bro. Jacob Loeb, a member of this Council, failed to pay assessment Ho. 231, on the 14th day of September, 1896, (thirty days from the date of the notice), and stood suspended by law from the Order and all benefits therefrom.”
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2Cases cited1 opinion
- Bradley v. . AldrichNew York Court of Appeals · 1869
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- Niehaus v. NiehausAppellate Division of the Supreme Court of the State of New York · 1910
- Massman Construction Co. v. Nebraska Workmen's Compensation CourtNebraska Supreme Court · 1942
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