Hirsh v. . Auer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 10, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 10, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. This action was brought by three of the children of John Hirsh, deceased, to recover the proceeds of a policy or certificate of membership in the Ancient Order of United Workmen, of which he was a member, which was made payable to ’Clara Auer, a sister of said Hirsh. The facts, so far as material, are stated in the opinion. Ho trust…
1Opinion of the CourtBartlett, J.
John Hirsh, deceased, the father of the plaintiffs, was, at the time of his death, a member of the society known as the Ancient Order of United' Workmen, and held its certificate of insurance upon his life for $2,000, payable to his sister, Clara Auer. •
The plaintiffs are the children of the insured, and sued the beneficiary'to recover the $2,000 collected by her on the certificate of insurance upon the ground that she agreed with her brother, John Hirsh, that when she received the money on the policy she would expend not to exceed $500 of it in paying his funeral expenses and for a monument,…
2Cases cited5 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Matter of CarpenterNew York Court of Appeals · 1892
- Connelly v. . O'ConnorNew York Court of Appeals · 1889
- Stover v. EycleshimerNew York Court of Appeals · 1867
3Cited by44 opinions
- Gurnett v. Mutual Life InsuranceIllinois Supreme Court · 1934
- Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
- Clark v. CallahanCourt of Appeals of Maryland · 1907
- Blanco v. VelezNew York Court of Appeals · 1946
- Harris v. MorrisonSupreme Court of Kansas · 1917
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