Kelly v. Ancient Order of Hibernians
New York Court of Common Pleas
Appeal from a judgment of this court entered on the report of a referee. The defendant in this action is a corporation organized "under the laws of the State of New York providing for the incorporation of benevolent, charitable, scientific and missionary societies, and the acts amendatory thereof or supplementary thereto.
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Appeal from a judgment of this court entered on the report of a referee. The defendant in this action is a corporation organized "under the laws of the State of New York providing for the incorporation of benevolent, charitable, scientific and missionary societies, and the acts amendatory thereof or supplementary thereto. The preamble to the constitution of the defendant’s organization declares that the intent and purpose of the order is “to promote friendship, unity and true Christian charity among its members by raising or supporting a stock or fund of money for maintaining the aged, sick,…
1Opinion of the CourtVan Brunt, J.
[After stating the facts as above.]—The question involved in this appeal is whether or not a permanent injury to limb constitutes £‘ sickness ” within the provision of article 16 of the constitution of the defendant, so as to entitle the party suffering such injury to participate in the benefits of the association. A very brief examination of the meaning of the words “ sick ” and “ sickness ” would seem to demonstrate that such an injury is not within the contemplation or scope of the article in question. “ Sick ” is defined to be: 1st. Affected with or attended by nausea, inclined, or…
2Cited by4 opinions
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