Munn v. Masonic Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal.by the defendant, The Masonic Life Association of Western New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 28th day of March, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of March, 1906, denying the defendant’s motion' for a new trial made upon tlie minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought to recover upon a certificate dr policy of life insurance upon the life of Ered B. Munn, in which the plaintiff was named as beneficiary.
The defenses relied upon at the trial were:
1. That the membership of assured liad been forfeited and lapsed by a failure to pay an assessment made September 1, 1900, and due September 20, 1900, and.he had not been restored.
2. That the action was not commenced within six months after the disallowance of plaintiff’s claim by defendant.
First. The assessment of September 1,…
2Cited by2 opinions
- Claim of Lipshitz v. CharlesAppellate Division of the Supreme Court of the State of New York · 1929
- Hoyt v. Harbor & Suburban Building & Savings Ass'nNew York Court of Appeals · 1909