Evoy v. Expressmen's Aid Society
New York Supreme Court
Appeal from special term, Erie county. Action by Ada Evoy against the Expressmen’s Aid Society to recover on a certificate of insurance issued to plaintiff’s husband. From ■an order amending the summons by inserting as defendants, in place of the Expressmen’s Aid Society, the names of the persons composing a voluntary association doing business under the name of the'“Express-men’s Aid Society,” defendant appeals. Affirmed.
1Opinion of the CourtMacomber, J.
This action was brought to recover the sum of $2,000 upon a certificate of membership and insurance issued in the ■name of the defendant to the husband of the plaintiff, payable to the ■plaintiff, as the wife of the insured, James G. Evoy. The allegation of the original complaint was that the defendant was a foreign corporation, organized under and by virtue of the laws of the state of Ohio. The answer alleged that the defendant was a voluntary association, and ■not a corporation. A motion was accordingly made by the plaintiff to amend the title of the summons so as to substitute in the place…
2Cited by4 opinions
- De Witt v. Abraham Bros. Horse & Mule Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Dean v. GilbertNew York Supreme Court · 1895
- Bell v. AyersCourt of Appeals of Georgia · 1950
- Licausi v. AshworthAppellate Division of the Supreme Court of the State of New York · 1903