Robinson v. Supreme Commandery
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Commandery, United Order of the Golden Gross of the World, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 28th day of May, 1902, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is upon a beneficiary certificate issued by the defendant to William S. Robinson for the benefit of his mother, the plaintiff.
The first ground upon which the appellant contends that it is not liable is that the complaint fails to state and the evidence fails to establish a cause of action against it. The precise contention of the appellant is that neither the complaint nor the evidence shows that the appellant is an assessment beneficiary order, that the decedent was a member thereof or that there is any fund for the payment of the claim. It is alleged in the complaint…
2Cases cited3 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
3Cited by5 opinions
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Dineen v. General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of MeyerNew York Surrogate's Court · 1954
- Carmichael v. John Hancock Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1904
- Lalor v. TookerAppellate Division of the Supreme Court of the State of New York · 1909