Zajic v. Elian
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Oity Court of the city of ¡New York, entered upon a verdict of a jury directed by the court, and from an order denying .defendant’s motion for a new trial. The action was brought to recover the sum of $280 with interest, the amount of an alleged death benefit claimed to be due the plaintiff from the defendant on the death of one Joseph Zajic, who was a member of the defendant’s society during his lifetime.
1Opinion of the CourtTruax, J.
It was alleged in the complaint and proved on the trial that the defendant “ promised and agreed for a valuable consideration with said Joseph Zajic that, upon his death, he being in good standing in the order, the said Jan Zizka Lodge No. 431, I. O. O. F., would pay the sum of $230, together with funeral expenses in the sum of $50', making altogether the sum of $280, to the widow of the deceased member, provided such widow did not live separated from such deceased member for any reason during the lifetime of such deceased member, and provided, further, said widow took care of said deceased…
2Cases cited2 opinions
- Persons v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1899
- Howell v. . WrightNew York Court of Appeals · 1890
3Cited by1 opinion
- Strohm v. ZoellnerAppellate Terms of the Supreme Court of New York · 1908