Feierstein v. Supreme Lodge
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosa Feierstein, from a judgment of the Supreme Court in favor of the defendant, Supreme Lodge, Knights of Honor, entered in the office of the clerk of the county of New York on the 11th day of May, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of November, 1900, denying the plaintiffs motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought hy the plaintiff as the wife of .Morris Feierstein, deceased, to recover of the Supreme Lodge, Knights of Honor, upon a benefit certificate in which she was named as beneficiary to the extent of $1,000. The children of the deceased — but not of the plaintiff — were by order joined as defendants, they also claiming under the certificate, upon the ground that the plaintiff was not his lawful wife. The defense of the lodge was that the deceased came to his death by suicide and, therefore, under the by-laws, the policy lapsed and only the premiums paid were…
2Cases cited2 opinions
- Roberts v. . TobiasNew York Court of Appeals · 1890
- Roberts v. CohenAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Bottjer v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Bottjer v. Supreme Council American Legion of HonorNew York Supreme Court · 1902
- Bottjer v. Supreme Council American Legion of HonorAppellate Division of the Supreme Court of the State of New York · 1903
- Mitterwallner v. Supreme Lodge of the Knights & Ladies of the Golden StarAppellate Terms of the Supreme Court of New York · 1902