Langan v. Supreme Council American Legion of Honor
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 3, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 3, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The plaintiff sues upon a certificate of insurance issued to him by the defendant, a foreign corporation, upon his application ; whereby the defendant agreed to pay out of its benefit fund to his wife, upon his death, “ a sum not exceeding $5,000, in accordance with and under the provisions of the laws governing said fund; ” upon certain conditions being complied…
1Opinion of the CourtGray, J.
It is assumed by the plaintiff that there had been such a breach of the defendant’s contract of insurance, as to entitle him to bring an action for the recovery of damages therefor. That assumption, however, is incorrect. The obligation of the defendant under its contract, as evidenced by the benefit certificate, was to pay to the wife of the holder a sum not exceeding $5,000, upon the event of his death. Until that event occurrea, that contract continued; unless, and until, it was avoided by some act of the plaintiff. The action of the defendant, in the attempted amendment of the by-law,…
2Cases cited3 opinions
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
- Meyer v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1878
3Cited by49 opinions
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Reynolds v. Supreme Council of the Royal ArcanumMassachusetts Supreme Judicial Court · 1906
- Beach v. Supreme Tent of Knights of MacCabeesNew York Court of Appeals · 1904
- Ayers v. Grand Lodge of the Ancient Order of United WorkmenNew York Court of Appeals · 1907
- Wright v. Knights of the MacCabees of the WorldNew York Court of Appeals · 1909
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