Kennedy v. Supreme Council Catholic Benevolent Legion
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Council Catholic Benevolent Legion, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of January, 1919, affirming a judgment of the Municipal Court of the City of New York, Borough of Man- ■ hattan, Ninth District. An appeal is also taken from the Municipal Court judgment.
1Opinion of the Court
Page, J.:
The facts in this case are in many respects similar to those considered by us in the case of Schwemmer v. Supreme Council C. B. L. (187 App. Div. 673), and the questions of law raised, with one exception, being identical, an extended statement of fact or discussion of the law at this time is unnecessary. In the present case the certificate had not been surrendered, nor had the reduced amount tendered by the defendant been accepted by the plaintiff, as was the fact in the Schwemmer case, which led to a reversal of the judgment. The certificate of insurance in the present case was…
2Cases cited2 opinions
- Supreme Council of the Royal Arcanum v. GreenSupreme Court of the United States · 1915
- Schwemmer v. Supreme Council Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Everett v. Supreme Council, Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1922
- Supreme Council, Catholic Benevolent Legion v. GalleryCourt of Appeals for the Seventh Circuit · 1921
- Donaldson v. Supreme Council, Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1921
- McGovern v. Supreme Council, Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1921