McClure v. Supreme Lodge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Lodge, Knights of Honor, fi’om a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 24th day of October, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d'day of November, 1898, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Supreme Lodge, Knights of Honor, fi’om a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 24th day of October, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d'day of November, 1898, denying the defendant’s motion for a new trial made upon the minutes. The defendant is a fraternal benefit association, incorporated in the State of Kentucky and afterwards in the State of Missouri. Its organization includes a large number of local lodges scattered…
1Opinion of the Court
Spring, J.:
It is established in this case that McClure, the insured member, was in good standing in his local lodge at the time of his death. As an individual he was not delinquent; he had paid every call made upon him. Whatever defense there may be to the payment of his benefit certificate arises from the remissness of the officers of the local lodge, or to a misunderstanding between them and the defendant. Inasmuch as the member himself was paying promptly and honestly endeavoring to keep alive his certificate, every reasonable intendment will be accorded the plaintiff to prevent a…
2Cases cited7 opinions
- Barnard v. . GantzNew York Court of Appeals · 1893
- De Frece v. National Life InsuranceNew York Court of Appeals · 1892
- Anderson v. Supreme Council of Order of Chosen FriendsNew York Court of Appeals · 1892
- Royal Bank of Liverpool v. Grand Junction RailroadMassachusetts Supreme Judicial Court · 1868
- Shay v. National Benefit SocietyNew York Supreme Court · 1889
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3Cited by10 opinions
- Central Hanover Bank & Trust Co. v. United Traction Co.Court of Appeals for the Second Circuit · 1938
- Phoenix Accident & Sick Benefit Ass'n v. StiverIndiana Court of Appeals · 1908
- Wehrenberg v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Beil v. Supreme LodgeAppellate Division of the Supreme Court of the State of New York · 1903
- Jennings v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
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