Fink v. . Fink
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1901, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The “ D., L. & W. Mutual Aid Society ” is a mutual benefit association incorporated under the laws of the state of Pennsylvania, but doing business in the state of ¡New York.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1901, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The “ D., L. & W. Mutual Aid Society ” is a mutual benefit association incorporated under the laws of the state of Pennsylvania, but doing business in the state of ¡New York. Its membership is confined to employees of the Delaware, Lackawanna & Western Railroad Company, and “ its object is to secure assistance to its members, in…
1Opinion of the CourtVann, J.
Eugene Fink, as a member of the association, had the power to change the beneficiary named in the certificate, provided, in executing the power, he complied with the contract which created it. That contract consisted of the application, the certificate showing how the power of appointment had been exercised, and the by-laws which, among other things, regulated' the method of appointing a new beneficiary. They provided that a new certificate should be issued if the member asked for one, but only upon the condition that he paid the sum of twenty-five cents to the association. It was the duty of…
2Cases cited4 opinions
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- Thomas v. . ThomasNew York Court of Appeals · 1892
- Peabody v. . SatterleeNew York Court of Appeals · 1901
3Cited by74 opinions
- Freund v. FreundIllinois Supreme Court · 1905
- Bradley v. United StatesCourt of Appeals for the Tenth Circuit · 1944
- Schoenholz v. . New York Life Ins. Co.New York Court of Appeals · 1922
- Lahey v. . LaheyNew York Court of Appeals · 1903
- Kochanek v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1928
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