Story v. Williamsburgh Masonic Mutual Benefit Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover a sum to which plaintiff claimed herself entitled as the widow of Robert Story, deceased, who was at the time of'his death a member of defendant’s association.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover a sum to which plaintiff claimed herself entitled as the widow of Robert Story, deceased, who was at the time of'his death a member of defendant’s association. The material facts appear in the opinion. Plaintiff was entitled to recover even if it had been proven that she was not the lawful…
1Opinion of the CourtAndrews, J.
The jury found that the plaintiff was the lawful wife of Robert Story. It is claimed by the appellant that the evidence conclusively established the marriage of" Robert Story to one Hannah Wright, who is still living, in the parish church' of Walsall, England, in 1852, and that the marriage was never dissolved during the life-time of Robert, but remained in full force at the time of his death in 1880.
We deem it unnecessary to examine the evidence with a view to determine whether there was any real conflict of testimony upon the issue whether the husband of Hannah Wright was the same Robert…
2Cited by42 opinions
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- Clements v. TerrellSupreme Court of Georgia · 1928
- Snyder v. Supreme Ruler of the Fraternal Mystic CircleTennessee Supreme Court · 1909
- Supreme Lodge, Ancient Order United Workmen v. HutchinsonIndiana Court of Appeals · 1893
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