Legal Opinion

Sears v. Grand Lodge of Ancient Order of United Workmen

New York Court of Appeals

Decided June 12, 1900PublishedCited by 37 opinions

. Appeal from a judgment of the Appellate Division of the Supreme Court in - the fourth judicial department, entered December 30, 1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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. Appeal from a judgment of the Appellate Division of the Supreme Court in - the fourth judicial department, entered December 30, 1897, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There is no foundation in law or in fact in the respondent’s contention that the agreement sought to be enforced in this action was entered into between the parties under a mutual mistake of fact so as to preclude recovery herein on the part of…

1Opinion of the CourtBartlett, J.

On the 31st of July, 1886, one Charles R. Baumgrass, residing in the city of Syracuse, became a member of a subordinate lodge of defendant and received a certificate of membership, which provided in the event of his death the defendant would pay to his wife, Mary A. Banmgrass, the sum of $2,000.00.

On September 28th, 1886, Banmgrass disappeared and was not seen or heard from thereafter until April 15th, 1896, a period of nearly ten years. In the meantime important transactions and negotiations had taken place affecting the rights of the parties.

Mrs. Banmgrass, the beneficiary, was advised to…

2Cases cited4 opinions

  1. White v. . HoytNew York Court of Appeals · 1878
  2. Dunham v. . GriswoldNew York Court of Appeals · 1885
  3. Mowatt v. WrightNew York Supreme Court · 1828
  4. Crans v. . HunterNew York Court of Appeals · 1863

3Cited by37 opinions

  1. Chimart Associates v. PaulNew York Court of Appeals · 1986
  2. Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
  3. Western Grain Company CasesSupreme Court of Alabama · 1955
  4. Ingalls Iron Works Company v. IngallsDistrict Court, N.D. Alabama · 1959
  5. Miller v. Pyrites Co.Court of Appeals for the Fourth Circuit · 1934

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