Legal Opinion

Beil v. Supreme Council

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 4 opinions

Appeal by the plaintiff, Emma Huida Beil, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of March, 1899, discontinuing the action and directing the plaintiff to deliver to the defendant the benefit certificate upon which the action is based.

1Opinion of the Court

O’Bbien, J.:

The action was brought to recover $2,000 on a certain benefit insurance certificate issued to the plaintiff’s husband, Carl Beil, deceased. The answer, dated November 21, 1898, sets forth that Carl Beil committed suicide, and that, therefore, only a pro rata proportion was due this plaintiff, in accordance with which $939.38 had been that day (November twenty-first) tendered, her and refused. An •order was granted November 30, 1898, permitting the defendant to pay the sum mentioned, with costs and interest, amounting in all to '$990.76, into court, the order stating that “ unless…

2Cases cited3 opinions

  1. Fuller v. . KempNew York Court of Appeals · 1893
  2. Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
  3. Taylor v. Brooklyn Elevated RailroadNew York Court of Appeals · 1890

3Cited by4 opinions

  1. Mann v. . SproutNew York Court of Appeals · 1906
  2. Cleveland v. TobyNew York Supreme Court · 1901
  3. Mann v. SproutAppellate Division of the Supreme Court of the State of New York · 1905
  4. Mann v. SproutAppellate Division of the Supreme Court of the State of New York · 1905

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