Legal Opinion

Luhrs v. . Luhrs

New York Court of Appeals

Decided October 28, 1890PublishedCited by 59 opinions

Appeal from order of the General Term of the Supreme ' Court in the first judicial department, entered upon an order made Hay 24, 1889, which sustained exceptions taken by plaintiff at the trial and granted a new trial. The nature of the action and the material facts are stated in the opinion. The power of a member of the .Knights of Honor to change Ms beneficiary and the disposition of the fund, under the laws of the organization, is absolute. (N. A. Assn. v. Kirgin, 28 Mo.

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Appeal from order of the General Term of the Supreme ' Court in the first judicial department, entered upon an order made Hay 24, 1889, which sustained exceptions taken by plaintiff at the trial and granted a new trial. The nature of the action and the material facts are stated in the opinion. The power of a member of the .Knights of Honor to change Ms beneficiary and the disposition of the fund, under the laws of the organization, is absolute. (N. A. Assn. v. Kirgin, 28 Mo. App. 80, 83; S. C. R. A. v. Cappella, 41 Fed. Rep. 1; Brown v. G. Lodge, 45 N. W. Rep. 884; Barton v. P. R. Assn., 63…

1Opinion of the CourtPeckham, J.

The facts in this case are undisputed and are substantially as follows:

John Lulirs, in the year 1881, became a member of the Supreme Lodge, Knights of Honor, a charitable organization of the state of Kentucky, doing business in Hew York state. It had a branch lodge in the city of Brooklyn and he joined that lodge. He received a certificate from the Supreme Lodge, by which it was promised that if he should comply with all the- rules and regulations of the Supreme Lodge and should be in good standing at the time of his death, the Supreme Lodge 'would pay to such member or members of his family,…

2Cited by59 opinions

  1. Fink v. . FinkNew York Court of Appeals · 1902
  2. Masonic Benevolent Ass'n v. BunchSupreme Court of Missouri · 1891
  3. Lahey v. . LaheyNew York Court of Appeals · 1903
  4. Patricia Ann Lundeen, General Guardian of Persons and Estates of Maureen Joan Cordner and Michael Joseph Cordner v. France Jeanne CordnerCourt of Appeals for the Eighth Circuit · 1966
  5. McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1899

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