Dielmann v. Berka
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court of the city of Yew York, eighth district, borough of Manhattan.
1Opinion of the CourtScott, J.
The defendant is treasurer of a voluntary association known as Bricklayers Union, Ho. 11, of which plaintiff’s deceased husband was a member at the time of his death. The only article of the union’s constitution or by-laws read in evidence was article X, reading as follows: “Upon the decease of a member in good standing, the Society through its Treasurer, pays to the survivors upon the production of a certificate of death the sum of $100 which is to be raised by a uniform assessment upon the members. The Treasurer shall not pay death benefits before the proper heirs have been ascertained, but…
2Cases cited3 opinions
- Griswold v. . SawyerNew York Court of Appeals · 1891
- Fanton v. Coachmen's Benevolent UnionNew York Court of Common Pleas · 1895
- Walsh v. WalshNew York Supreme Court · 1892