Rockwell v. Knights Templars & Masonic Mutual Aid Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hosea H. Rockwell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 20th day of April, 1909, upon the decision of the court rendered after a trial at the Chemung Special Term dismissing the complaint upon the merits.
Read the full summary
Appeal by the plaintiff, Hosea H. Rockwell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 20th day of April, 1909, upon the decision of the court rendered after a trial at the Chemung Special Term dismissing the complaint upon the merits. The defendant is a corporation organized under the laws of Ohio for the purpose of carrying on the business of life insurance upon the co-operative or assessment plan. In September, 1880, it issued its certificate or policy to the plaintiff, then forty years of age, whereby,…
1Opinion of the Court
Kellogg, J.:
It is repugnant to the idea of a contract that one of the parties may, at his election, from time to time change the amounts which he is to receive from the other party under the contract and the consideration which he is to render to the other contracting party, and if it is possible to make such contract, the language used must permit of no other construction. (Ayers v. Order of United Workmen, 188 N. Y. 280.)
The period and rate table indorsed upon the plaintiff’s policy became a part of it, and there is no suggestion in it, or in the policy itself, that that table may be…
2Cases cited4 opinions
- Langan v. Supreme Council American Legion of HonorNew York Court of Appeals · 1903
- Ayers v. Grand Lodge of the Ancient Order of United WorkmenNew York Court of Appeals · 1907
- Evans v. Southern Tier Masonic Relief Ass'nNew York Court of Appeals · 1905
- Mock v. Supreme Council of Royal ArcanumAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by7 opinions
- Vernon Manor Co-operative Apartments, Section I, Inc. v. Salatino, New York County Courts1958
- Supreme Lodge K. P. v. MimsCourt of Appeals of Texas · 1914
- Smythe v. Supreme Lodge, K. P.District Court, N.D. New York · 1912
- Lockwood v. Embalmers Supply Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Rappeport v. Erster Brooklyner Bruderlicher Kranken Unterstutzungs VereinCity of New York Municipal Court · 1933
2 more not listed; retrieve them via the Exa API.