Legal Opinion

Balmford v. Grand Lodge of the Ancient Order of United Workmen

Appellate Terms of the Supreme Court of New York

Decided December 15, 1896PublishedCited by 6 opinions

Appeal from affirmance by General Term of the Oity Court of ¡New York, of a judgment entered upon verdict by direction of the court at Trial Term in favor of the plaintiff.

1Opinion of the CourtBischoit, J.

The principal point in this case relates to a question of pleading and is raised by the appellant’s motion in the court below for the nonsuit upon the ground that the plaintiff’s cause of action had not been proven, and while other questions of some interest arise in the litigation they are not found to call for discussion here, since a reversal of the judgment must result from the error presented by the exception taken to the denial of this motion.

The plaintiff sues as the temporary administrator ' of one Fogarty, late a member in good -standing of the defendant benefit ' association, and.…

2Cases cited5 opinions

  1. Goodwin v. . WertheimerNew York Court of Appeals · 1885
  2. Ferris v. . HardNew York Court of Appeals · 1892
  3. Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
  4. Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
  5. Amador County v. ButterfieldCalifornia Supreme Court · 1876

3Cited by6 opinions

  1. Fox v. HeldAppellate Terms of the Supreme Court of New York · 1898
  2. Garrie v. SchmidtAppellate Terms of the Supreme Court of New York · 1899
  3. Roberts v. Homer P. Snyder Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1934
  4. Kelly v. TheissCity of New York Municipal Court · 1898
  5. Wernekoff v. Lincoln Holding Co.Appellate Terms of the Supreme Court of New York · 1910

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