Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action upon a certificate of membership issued by defendant to John Roberts, late of the city of Buffalo.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 25, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action upon a certificate of membership issued by defendant to John Roberts, late of the city of Buffalo. The certificate provided that defendant should pay the amount of insurance stated within sixty days after due notice and satisfactory proof of the death of the insured. It also provided that if the death of the insured was caused by the use of intoxicating drink, it…
1Opinion of the CourtAndbews, J.
By the terms of the certificate of membership the defendant obligated itself to pay to the heirs or legal representatives of the assured the sum payable on the policy “ within sixty days after due notice and satisfactory proof of the death (during the continuation of the contract) of the said John Roberts.” There is no requirement that the cause of death shall be communicated to the association by a claimant, nor under the policy could this be exacted. The beneficiary of the policy performed his entire legal obligation under the contract when he gave the association due notice of the death of…
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