Evans v. Southern Tier Masonic Relief Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Chemung county. Action by Eliza J. Evans against the Southern Tier Masonic Relief Association. On the death of plaintiff after judgment in her favor, Martha Evans, her administratrix, was substituted as plaintiff. Defendant appeals. 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 from trial term, Chemung county. Action by Eliza J. Evans against the Southern Tier Masonic Relief Association. On the death of plaintiff after judgment in her favor, Martha Evans, her administratrix, was substituted as plaintiff. Defendant appeals. 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, 1866, John J. Evans became a member thereof, receiving a certificate, the material parts of which are as follows: “81,000.00. “This is to certify that Brother J. J.…
1Opinion of the CourtSmith, J.
The learned judge below has held that the by-laws passed in November, 1892, and those in March, 1893, were ineffective *614and 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 He then finds that the by-laws of January, 1892, have been repealed.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 to be no…
2Cases cited8 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
- Fullenwider v. Supreme Council of Royal LeagueIllinois Supreme Court · 1899
- Stohr v. San Francisco Musical Fund SocietyCalifornia Supreme Court · 1890
- Borgards v. Farmers' Mutual InsuranceMichigan Supreme Court · 1890
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3Cited by2 opinions
- King v. Farmers Electric Coop., Inc.New Mexico Supreme Court · 1952
- Voss v. Northwestern National Life InsuranceWisconsin Supreme Court · 1909