Wexner v. Gruenapple
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Daniel Gruenapple, as president, etc., from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 3d day of January, 1908.
1Opinion of the Court
Miller, J.:
The plaintiff, a member of the defendant lodge, has recovered a judgment for sick benefits for thirteen weeks, amounting to seventy dollars. One of the defendant’s by-laws, prepared by a committee of which the plaintiff was a member, provided : “ Sick benefit is *180payable only then when the elected physician of the -Lodge and the Sick Committee reports a member sick and unable tó work.”
The plaintiff -does not assert that he was not bound by said by-law, and it is undisputed that the physician of the lodge refused tomake the required certificate, but certified to the contrary.…
2Cited by1 opinion
- Messing v. Order of the Golden SealNew York Supreme Court · 1915