Loeb v. . Supreme Lodge, Royal Arcanum
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The case was properly tried at an Equity Term ; and if it were an action at law the defendant waived a jury trial by proceeding to trial at equity. (Code Civ. Pro. § 1009; T. N. Bank v. Shields, 55 Hun, 274; Rogers v. Straub, 75 Hun, 264; Side v. Brennan, 7…
1DissentHaight, J.
(dissenting) This action was brought to recover the amount due on a benefit certificate issued by the defend ant to Jacob Loeb which was payable to the plaintiffs, his daughters, upon his death. The complaint alleged the admitting of Jacob Loeb to membership in the defendant’s association in 1890 and that he continued to be such member in good standing until the 14th day of September, 1896, at which time he was suspended from the order by reason of his failure to pay assessment Mo. 231, and that thereupon he made application to be reinstated, but this was refused, and that subsequently andón…
2Cases cited5 opinions
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Ostrander v. . WeberNew York Court of Appeals · 1889
- Thomas v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1897
- Mittenthal v. RabinowitzAppellate Division of the Supreme Court of the State of New York · 1901
- Rogers v. StraubNew York Supreme Court · 1894