Legal Opinion · Dissent

Hannes v. Nederland Israelitish Sick Fund

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1912Published

Appeal by the defendant, Nederland Israelitish Sick Fund, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 19th day of March, 1912, affirming a judgment of the Municipal Court of the city of New York in favor of the plaintiff rendered on the 22d day of May, 1911.

1Dissent

McLaughlin, J. (dissenting):

Action to recover from a mutual benefit insurance corporation an amount claimed to be due under its by-laws for “sick benefits.”

The sole question presented by the appeal is whether the defendant had the power to amend its by-laws in such a way as to reduce a sick benefit to which the plaintiff would otherwise have been entitled. The defendant’s certificate of incorporation provided that its purpose was to collect funds from members and apply them to their relief in case of death, sickness or other casualty “ as may hereafter be regulated by the by-laws.” The…

2Cases cited5 opinions

  1. Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
  2. Beach v. Supreme Tent of Knights of MacCabeesNew York Court of Appeals · 1904
  3. Ayers v. Grand Lodge of the Ancient Order of United WorkmenNew York Court of Appeals · 1907
  4. Wright v. Knights of the MacCabees of the WorldNew York Court of Appeals · 1909
  5. Lewin v. Koerner Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 1908

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