Davin v. Davin
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Patterson, J.:
Both parties to this submission claim to be entitled to the proceeds of a benefit certificate issued by the “ Knights of Columbus,” *581a fraternal benefit society, organized under the laws of the State of Connecticut, to one James J. Bavin, now deceased, and each demands judgment that the amount of the certificate be paid to him or her. The determination of the right of either party to the amount of the certificate depends upon the construction to be given to important provisions of the charter of the “Knights of Columbus.” That society is not a party to the submission or in any…
2Cases cited4 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- Kennedy v. . the MayorNew York Court of Appeals · 1880