Strasser v. Staats
New York Supreme Court
Appeal from Albany county court. Action by Solomon Strasser against John L, Staats, as Noble Grand or President of Mount Herman Lodge No. 38,1. O. O. F., of the state of New York. The plaintiff is the assignee of the next of kin of Moses Strasser, deceased, who in his life-time was for many years a member of defendant’s lodge, and on whose death the plaintiff, as the assignee of the deceased, next of kin, claimed a funeral benefit.
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Appeal from Albany county court. Action by Solomon Strasser against John L, Staats, as Noble Grand or President of Mount Herman Lodge No. 38,1. O. O. F., of the state of New York. The plaintiff is the assignee of the next of kin of Moses Strasser, deceased, who in his life-time was for many years a member of defendant’s lodge, and on whose death the plaintiff, as the assignee of the deceased, next of kin, claimed a funeral benefit. The defendant is an unincorporated association of more than seven members. This association is a secret organization of Odd-Fellows, known as “Mount Herman Lodge.”…
1Opinion of the CourtMayham, J.
This controversy must turn upon the construction to be put upon the provisions of- the constitution of the lodge, which provides that “the dues of members of the lodge accrue weekly, ” when read in connection with that provision of the by-laws which prescribes the ground of forfeiture of benefits, and which is as follows: “Ho brother who is in arrears for dues, fines, or assessments of any kind over the amount of thirteen weeks * * * shall be entitled to receive the benefits of this lodge until after the expiration of six weeks from the time of payment of such arrearages.” It is quite…
2Cases cited1 opinion
- Lafond v. . DeemsNew York Court of Appeals · 1880
3Cited by5 opinions
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- Ercanbrack v. FarisIdaho Supreme Court · 1905
- Harr v. Harlem Independent Sick & Benevolent Ass'nAppellate Terms of the Supreme Court of New York · 1908