Legal Opinion

Beach v. Supreme Tent of Knights of MacCabees

New York Court of Appeals

Decided January 5, 1904PublishedCited by 41 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 22, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 22, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff did not establish a case of total disability within the terms of the law as it ivas amended before he was in jured. (Supreme Tent v. King, 79 Ill. App. 145; Hutchinson v. Supreme Tent, 68 Hun, 355 ; Knapp v. P.M. Ins. Co., 53 Hun,…

1Opinion of the CourtCullen, J.

This is an action brought to recover on a certificate of membership issued by the defendant, a fraternal or mutual benefit organization. The certificate stated that the plaintiff would be entitled to receive one assessment on the members of the order not exceeding two thousand dollars as a benefit to his wife upon satisfactory proof of his death. It contained this further provision: “ In case of Permanent or Total Disability, or upon attaining the age of seventy years, he will be entitled to receive one-half of said endowment, as provided in the laws of the Order.” When the plaintiff joined…

2Cases cited5 opinions

  1. Langan v. Supreme Council American Legion of HonorNew York Court of Appeals · 1903
  2. Consider Parish v. New York Produce ExchangeNew York Court of Appeals · 1901
  3. Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
  4. Imperial Shale Brick Co. v. . JewettNew York Court of Appeals · 1901
  5. Neill v. Order of United FriendsNew York Court of Appeals · 1896

3Cited by41 opinions

  1. Reynolds v. Supreme Council of the Royal ArcanumMassachusetts Supreme Judicial Court · 1906
  2. Ayers v. Grand Lodge of the Ancient Order of United WorkmenNew York Court of Appeals · 1907
  3. Olson v. Court of HonorSupreme Court of Minnesota · 1907
  4. Wright v. Knights of the MacCabees of the WorldNew York Court of Appeals · 1909
  5. Wineland v. Knights of the Maccabees of the WorldMichigan Supreme Court · 1907

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