Evans v. . Supreme Council, Royal Arcanum
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1917, affnming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The executrix of the last will and testament of Griffith Evans cannot maintain this action. (Bown v. Cath. Mut. Ben.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1917, affnming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The executrix of the last will and testament of Griffith Evans cannot maintain this action. (Bown v. Cath. Mut. Ben. Assn., 33 Hun, 263; Beeckel v. I. O. O. U. F., 58 Hun, 7; 124 N. Y. 661; Dominick v. Stern, 79 Misc. Rep. 59; Hellenberg v. Dist. No. 1, I. O. B. B., 94 N. Y.…
1Opinion of the CourtMcLaughlin, J.
In March, 1886, Griffith Evans, the plaintiff’s testator, became a member of the defendant Supreme Council of the Royal Arcanum, a fraternal benefit society. One of its by-laws provided that the object of the society was to establish a widows’ and orphans’ benefit fund, from which, on satisfactory evidence of the death of a member in good standing, a sum not exceeding three thousand dollars would be paid to his widow, if he had so directed.
In his application for membership he agreed that his suspension or expulsion from, or his voluntarily severing his connection with, the society would…
2Cases cited20 opinions
- Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Holland v. TaylorIndiana Supreme Court · 1887
- Sabin v. . PhinneyNew York Court of Appeals · 1892
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