Roberts v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lily Cohen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of' the county of New York on the 26th day of January, 1901, upon the decision of the court rendered after a trial at the New York Special Term.
Read the full summary
Appeal by the defendant, Lily Cohen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of' the county of New York on the 26th day of January, 1901, upon the decision of the court rendered after a trial at the New York Special Term. The action was brought to recover of the defendant corporation, a fraternal beneficiary organization, the sum of $1,000, alleged to be due the plaintiff as -the wife of Nathan Roberts, deceased, who, at the time of his death on August 20, 1899, was a member of the society in good standing. The defendant, Lily Cohen,…
1Opinion of the Court
O’Brien, J.:
In Sabin v. Phinney (134 N. Y. 423, 428) it was said: “ The statute under which the corporation was organized, its by-laws, together with the application for and the certificate of membership, constituted the contract which existed between the member and the society, which instruments, construed together, measure the rights of these litigants.” In that case the by-laws imposed no limitation on the persons to whom the certificate should be payable, and thereunder the appointee was changeable from time to time as the member might elect. Accordingly, it was held that the appointee…
2Cases cited3 opinions
- Wist v. Grand Lodge A. O. U. W.Oregon Supreme Court · 1892
- Sabin v. . PhinneyNew York Court of Appeals · 1892
- Spencer v. Grand Lodge of the Ancient Order of United WorkmenNew York Supreme Court · 1897
3Cited by6 opinions
- Bottjer v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Feierstein v. Supreme LodgeAppellate Division of the Supreme Court of the State of New York · 1902
- Grant v. Independent Order of Sons & Daughters of Jacob of AmericaMississippi Supreme Court · 1910
- Bottjer v. Supreme Council American Legion of HonorNew York Supreme Court · 1902
- Sinclair v. FitzpatrickAppellate Terms of the Supreme Court of New York · 1912
1 more not listed; retrieve them via the Exa API.