Legal Opinion

Kemp v. New York Produce Exchange

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 11 opinions

¡Submission oí a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Cullen, J.:

The defendant, a domestic corporation, was,' by chapter 36 of the Laws of 1882 (amending chap. 359 of the Laws of 1862), empowered 'to assess such of its then present members as might' agree thereto, and all members who joined thereafter, a sum to-constitute a fund to be paid upon the death of any member to-' his widow, children, next of kin or other persons dependent upon him, in such manner as the by-laws of the .defendant might prescribe. Under this authority the defendant constituted a gratuity fund, raised by assessment on the members assenting to and participating in the…

2Cases cited3 opinions

  1. Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
  2. Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
  3. Dodin v. DodinAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by11 opinions

  1. In re the Construction of the Will of CharlesNew York Surrogate's Court · 1951
  2. People v. BrismanNew York Court of Appeals · 2025
  3. In re the Will of CohnNew York Surrogate's Court · 1944
  4. Chancellor v. ChancellorCourt of Appeals of Texas · 1929
  5. Train v. DavisNew York Supreme Court · 1906

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