Delaney v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Mary J. Delaney against Charles P. Kelly and others, as the board of trustees of the United States Letter Carriers Mutual Benefit Association. From a judgment for plaintiff (92 N. Y. Supp. 265) entered on a directed verdict, and from an order denying a motion for a new trial, defendants appeal. Reversed.
1Opinion of the CourtMcLAUGHLIN, J.
This action is brought to recover $3,000 alleged to be due plaintiff under the terms of a benefit certificate issued to her husband by the United States Letter Carriers Mutual Benefit Association, and in which she is named as the beneficiary. The issuing of the certificate is admitted, but it is claimed by the defendants that the right of the plaintiff to receive the benefits therein provided was forfeited by the failure of the deceased to comply with the rules and regulations of the association. At the conclusion of the trial a verdict was directed for the plaintiff, and from the judgment…
2Cases cited12 opinions
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Lehman v. ClarkIllinois Supreme Court · 1898
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Yoe v. Benjamin C. Howard Masonic Mutual Benevolent Ass'nCourt of Appeals of Maryland · 1885
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
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