O'Brien v. Supreme Council
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.
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Submission of ■ a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The facts agreed upon by the parties hereto show that the defendant is a benevolent life insurance association, incorporated under the laws of the State of New York; that on or about the 18th day of December, 1883, the defendant duly issued to Thomas J. O’Brien,one of its members, a benefit certificate, No. 2,887, for the payment of $4,000, one-half of which was payable to said member if he should become permanently disabled, and the other half to his legally designated…
1Opinion of the Court
Hatch, J.:
In organizations of this character it is well settled that the certificate and its conditions, the constitution and by-laws, furnish the contract *4from which the rights of the parties are to be determined. (People ex rel. Attorney-General v. Life & Reserve Assn., 150 N. Y. 94; Bird v. Mutual Union Assn., 30 App. Div. 346.) Ordinarily, the sole right of the insured rests in the power to appoint a beneficiary, ánd if the person so appointed answers to that class of persons from which the beneficiary may be selected, and such beneficiary survive the insured, he or they become entitled…
2Cases cited4 opinions
- People Ex Rel. Attorney-General v. Life & Reserve Association of BuffaloNew York Court of Appeals · 1896
- Bird v. Mutual Union Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Grossmayer v. District No. 1, Independent Order of Benai BerithAppellate Division of the Supreme Court of the State of New York · 1902
- Simon v. O'BrienNew York Supreme Court · 1895
3Cited by3 opinions
- Souchek v. KarrNebraska Supreme Court · 1907
- Brinen v. Supreme CouncilMichigan Supreme Court · 1905
- Tierney v. Perkins, New York County Courts1920