Legal Opinion

Coulson v. . Flynn

New York Court of Appeals

Decided February 21, 1905PublishedCited by 18 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 16, 1904, affirming a judgment in favor of defendant entered upon a decision of the court on trial at an Equity Term. 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 February 16, 1904, affirming a judgment in favor of defendant entered upon a decision of the court on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion. The act of incorporation of the Catholic Mutual Benefit Association does not authorize the members thereof to name beneficiaries who are not relatives or dependents. (Sanger v. Rothschild, 50 Hun, 157; 123 N. Y. 577; Simon v. O’Brien, 87 Hun, 165 ; McCord v. McCord, 40…

1Opinion of the Court

Bartlett, , J.

The plaintiffs are the surviving sisters and brother of Bartholomew Savage, deceased, who brought an action on April 8tli, 1903, to recover the sum of two thousand dollars upon a benefit certificate issued to him by the defendant association. On the 13th day of April, 1903, the defendant Flynn, as the beneficiary named in .the certificate, com-' menced a similar action against the defendant association.

By an order of the court made April 16th, 1903, upon the application of the defendant association, it was permitted to pay the amount of the benefit certificate into court and the…

2Cases cited3 opinions

  1. Story v. Williamsburgh Masonic Mutual Benefit Ass'nNew York Court of Appeals · 1884
  2. Maguire v. MaguireAppellate Division of the Supreme Court of the State of New York · 1901
  3. Markey v. Supreme Council, Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by18 opinions

  1. Gristy v. HudgensArizona Supreme Court · 1922
  2. Fuller v. Supreme CouncilIndiana Court of Appeals · 1917
  3. Meinhardt v. MeinhardtCourt of Appeals of Maryland · 1912
  4. Longer v. CarterSupreme Court of Arkansas · 1912
  5. Tidd v. McIntyreAppellate Division of the Supreme Court of the State of New York · 1906

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