Crosby v. Mutual Reserve Fund Life Ass'n
New York Supreme Court
Action brought by the plaintiff against the defendant, a mutual life insurance association conducting business upon the co-operative or assessment plan, to recover $2,500 damages which it is alleged have been sustained by the plaintiff as the result of the defendant’s cancellation of the certificate of membership, upon his refusal to pay the bi-monthly assessment, known as mortuary call, Eo. 96, dated February 1, 1898. The plaintiff "became a member of the defendant…
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Action brought by the plaintiff against the defendant, a mutual life insurance association conducting business upon the co-operative or assessment plan, to recover $2,500 damages which it is alleged have been sustained by the plaintiff as the result of the defendant’s cancellation of the certificate of membership, upon his refusal to pay the bi-monthly assessment, known as mortuary call, Eo. 96, dated February 1, 1898. The plaintiff "became a member of the defendant association in 1885 when he was forty-three years of age. In 1898 when this action was commenced he was fifty-five years of age.…
1Opinion of the CourtTruax, J.
The policy issued, by the defendant to the plaintiff provides that if at 'such date as the board of directors of the association may from time to time fix or determine for making an assessment, the death fund is insufficient to meet existing claims by death, an assessment shall then be made upon every member whose certificate is in force at the date of the last death assessed for, and said assessment shall be made at such rates, according to the age of each member, as may be established by the said board of directors. Said policy also provides that the constitution and by-laws of the…
2Cases cited2 opinions
- Mutual Reserve Fund Life Ass'n v. TaylorSupreme Court of Virginia · 1901
- Barbot v. Mutual Reserve Fund Life Ass'nSupreme Court of Georgia · 1897
3Cited by2 opinions
- Westerman v. Supreme Lodge Knights of PythiasSupreme Court of Missouri · 1906
- Hayden v. Franklin Life Ins.Court of Appeals for the Eighth Circuit · 1905