Evans v. Southern Tier Masonic Relief Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Southern Tier Masonic Relief Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the . county of Che-mung on the 17th day of February, 1902, upon the decision of the court rendered after a trial at the Chemung Special Term. The defendant was organized under chapter 319 of the Laws of 1848 as an insurance corporation, doing business on the co-operative or assessment plan.
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Appeal by the defendant, the Southern Tier Masonic Relief Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the . county of Che-mung on the 17th day of February, 1902, upon the decision of the court rendered after a trial at the Chemung Special Term. The defendant was organized under chapter 319 of the Laws of 1848 as an insurance corporation, doing business on the co-operative or assessment plan. Upon the 13th day of July, 1885, John J. Evans became’ a member thereof, receiving a certifícate, the material parts of which are as…
1Opinion of the Court
Smith, J. :
The learned judge below has held that the by-laws passed in November, 1892, and those in March, 1893, were ineffective and void because they discriminated in providing for the payment in full of the certificates of those members who became such after September, 1892. He then finds that the by-laws of January, 1892, have been repealed. Upon this finding he has directed judgment for the full amount of the certificate. If the by-laws of January and November, 1892, and of March, 1893, are thus disposed of, the plaintiff’s right would seem to rest upon the by-laws of 1886. There seems…
2Cases cited5 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- Stohr v. San Francisco Musical Fund SocietyCalifornia Supreme Court · 1890
- Borgards v. Farmers' Mutual InsuranceMichigan Supreme Court · 1890
- Koeth v. Knights Templars & Masons Life Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- King v. Farmers Electric Coop., Inc.New Mexico Supreme Court · 1952
- Voss v. Northwestern National Life InsuranceWisconsin Supreme Court · 1909
- Pomeroy v. WestawayNew York Supreme Court · 1947
- Smith v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904
- Evans v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1904
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