Grossmayer v. District No. 1, Independent Order of Benai Berith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, District No. 1, Independent Order of Benai Berith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of April, 1901, upon the verdict of a jury-rendered by direction of the court, and also from an order entered in said clerk’s office on the 8th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action was brought to recover the sum of $1,000 from the defendant, a domestic corporation, alleged to be due the plaintiff from and out of an endowment fund established by the defendant under its constitution and by-laws. The defendant is an order organized for benevolent and philanthropic purposes, and among other provisions it established an endowment fund for the benefit of widows, orphans and parents of the members. The son of the plaintiff, Emanuel Grossmayer, became a member of the defendant order in January, 1891, obligating himself thereby to observe the constitution,…
2Cases cited6 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Consider Parish v. New York Produce ExchangeNew York Court of Appeals · 1901
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3Cited by3 opinions
- O'Brien v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Tierney v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1920
- Tierney v. Perkins, New York County Courts1920