Evans v. Southern Tier Masonic Relief Ass'n
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Martha Evans, as administratrix, etc., of Eliza J. Evans, deceased, and by the defendant, the Southern Tier Masonic Relief Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the. office of the clerk of the county of Chemung on the 20th day of October, 1903, upon the decision of the court rendered after a trial before the court without a jury at the Chemung Trial Term.
1Opinion of the Court
Smith, J.:
Upon a former trial of this action the plaintiff recovered a judgment for the full amount of an insurance certificate in the'defendant association. Upon appeal we reversed the judgment therein rendered, holding that the certificate of membership or insurance was subject to a subsequent by-law under which the plaintiff was entitled only to the sum of $340. (76 App. Div. 151.) The case has been retried in accordance with our decision then rendered, and judgment rendered for the plaintiff for the sum of $340, with interest and costs. The plaintiff appeals upon the ground that she was…
2Cases cited1 opinion
- Evans v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1902