McNeil v. Southern Tier Masonic Relief Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Southern Tier Masonic Relief Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 17th day of October, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Clinton Trial Term.
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Appeal by the defendant, the Southern Tier Masonic Relief Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 17th day of October, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Clinton Trial Term. The defendant was incorporated on the 9th day of October, 1869 and since that time has been engaged in the business of life insurance upon the co-operative or assessment plan. David B. McNeil became a member of the association on the 19th day of October,…
1Opinion of the Court
Putnam, J.:
When the certificate of membership was issued by the defendant-to David B. McNeil, the contract of insurance between the parties was formed by said certificate and the charter and by-laws of the defendant then in force. (People v. Grand Lodge of Empire Order, 156 N. Y. 533, 537.)
Those by-laws provided, among other things, in substance, that if' the assured should fail to pay an assessment after due notice thereof,, within a time mentioned, he should forfeit all rights upon the association, but that the board of directors should have power to restore-a delinquent member on his…
2Cases cited8 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
- People ex rel. Gray v. Medical Society of the County of ErieNew York Supreme Court · 1857
- Becker v. Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1882
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3Cited by4 opinions
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- John West v. North Branch Fire District 1Supreme Court of Vermont · 2021
- Tyson v. Equitable Life Assurance SocietySupreme Court of Georgia · 1916
- Beach v. Supreme Tent of Knights of Maccabees of the WorldAppellate Division of the Supreme Court of the State of New York · 1902