Donnelly v. Burnham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Burnham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 15th day of December, 1902, upon the decision of the court rendered after a trial at the Erie Trial Term, and also from an order entered in said clerk’s office on the 23d day of September, 1902, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J. :
The judgment and order should be affirmed, with costs.
The action as tried involved the ownership of $1,000 insurance money, which the defendant association had paid into court to await the determination of the question of such ownership. The action was tried before the court, a single question as to .the facts having been submitted to a jury and a finding thereon made. The facts were thus settled and are not in dispute here. Briefly they are as follows: July 20, 1899, the deceased became a member of branch No. 44 of this defendant association, located at Salamanca, N. Y., and…
2Cases cited1 opinion
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
3Cited by8 opinions
- Wandell v. Mystic ToilersSupreme Court of Iowa · 1905
- Greenfield v. Massachusetts Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1937
- Lofaro v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Hall v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1928
- In re the Estate of LynchNew York Surrogate's Court · 1929
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