Bottjer v. Supreme Council
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Council, American Legion of Honor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of March, 1902, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Hirschberg, J.:
The plaintiff sues as the beneficiary named in a benefit certificate issued by the defendant to her husband, which entitled her to the sum of $5,000 upon his death. Between the time of the issuing of the certificate and the death of her husband the defendant adopted an amendment to its by-laws, as follows: “ In case the member shall die by suicide, sane or insane, or by alcoholism, or by legal execution for crime, there shall only be due and payable to the beneficiary under the benefit certificate the then value of the certificate, to be ascertained on the basis of the…
2Cases cited8 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
- O'Reilly v. Utah, N. & C. Stage Co.New York Supreme Court · 1895
- Isola v. . WeberNew York Court of Appeals · 1895
- Hutchinson v. Supreme Tent of Knights of Maccabees of the WorldNew York Supreme Court · 1893
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3Cited by7 opinions
- King v. IrvingAppellate Division of the Supreme Court of the State of New York · 1905
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1909
- King v. IrvingAppellate Division of the Supreme Court of the State of New York · 1905
- Banchetti v. C. K. Williams & Co.New York Supreme Court · 1912
- People ex rel. Lewisohn v. Court of General SessionsAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.