Pagliuca v. Italian Barbers' Benevolent Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Florinda Pagliuca, as administrator, from a judgment of the Supreme Court in favor of the "defendant, entered in the office of the clerk of the county of New York on the 5th day of July, 1917, upon a dismissal of the complaint by direction of the court at the close of the case,-' both sides having moved for the direction of a verdict. An appeal is also taken from the order of the court dismissing the complaint.
1Opinion of the Court
Shearn, J.:
This action was brought by the plaintiff, as administrator of the goods, etc., of Canio Rabasco, deceased, to recover of the defendant a death benefit as provided by its by-laws. The deceased became a member in January, 1916, paying his dues for that month and the ensuing three months. He died on July 21, 1916. Although he had failed to pay dues, etc., thereafter no registered notice or letter was at any time sent to him requesting payment as provided by article 25 of chapter 4 of the by-laws and no resolution was at any time passed expelling or suspending him from membership. The…
2Cases cited3 opinions
- Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889
- Pfeifer v. Supreme Lodge of the Bohemian Slavonian Benevolent Society of United StatesNew York Court of Appeals · 1903
- Janda v. Bohemian Roman Catholic First Central Union of AmericaAppellate Division of the Supreme Court of the State of New York · 1902