Legal Opinion

Hess v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 13 opinions

Appeal by the plaintiff, Minnie A. Hess, from a judgment of the Municipal Court of the city of New York in favor of the defendant, entered in the office of the clerk of said court.

1Opinion of the Court

Per Curiam :

The action is brought against the defendant, as treasurer of a voluntary association, to recover the 'amount of a funeral benefit of $100. The constitution of the association, which was subscribed by the plaintiff’s husband, provided that the sum of $100 should, on the decease of any member of one year’s standing, be paid to the relative who should assume or be responsible for the expenses of his funeral, but this payment was subject to the proviso that “ No funeral benefits shall be paid by this Union in the case of a member who shall have been three (3) months in arrears, during…

2Cases cited2 opinions

  1. Cartan v. Father Matthew United Benevolent SocietyNew York Court of Common Pleas · 1869
  2. Kehlenbeck v. LogemanNew York Court of Common Pleas · 1882

3Cited by13 opinions

  1. Stein v. MarksNew York Supreme Court · 1904
  2. Kennedy v. Local Union No. 726 of the United Brotherhood of Carpenters & Joiners of AmericaAppellate Division of the Supreme Court of the State of New York · 1902
  3. Hart v. Adams Cylinder & Web Press Printers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
  4. Mackowiak v. Polish Union of AmericaAppellate Division of the Supreme Court of the State of New York · 1932
  5. Maxwell v. Theatrical Mechanical Ass'nAppellate Terms of the Supreme Court of New York · 1907

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