Boasberg v. Cronan
Superior Court of Buffalo
Appeal from trial term. Action by Isaac Boasberg against Timothy J. Cronan and Empire Lodge No. 57, Empire Order of Mutual Aid.
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Appeal from trial term. Action by Isaac Boasberg against Timothy J. Cronan and Empire Lodge No. 57, Empire Order of Mutual Aid. The complaint in this action alleges that Daniel Cronan, now deceased, in his life-time entered into a contract with a lodge of the Empire Order of Mutual Aid, to insure his life, for the benefit of the defendant, in the sum of $1,000; that said defendant, at the-request of deceased, agreed to accept said sum as a trustee for the benefit of creditors of deceased, and for the benefit of plaintiff, and to pay said creditors ratably and in proportion to their claims;…
1Opinion of the CourtHatch, J.
The defendant corporation makes no defense to this action;but admits liability to pay the said sum of .$1,000 to whoever the court decrees *665•entitled thereto. The question presented upon this appeal is, can the insured, during life, so far control the fund by the creation of a trust or otherwise as to make it applicable to the payment of his debts after death ? The answer to this requires an examination of the contract made by the insuring •company and the assured, and the character of the interest which the latter takes. The Empire Order of Mutual Aid is a corporation created under and by…
2Cases cited7 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Maryland Mutual Benevolent Society of the Improved Order of Red Men v. ClendinenCourt of Appeals of Maryland · 1876
- Green v. . RoworthNew York Court of Appeals · 1889
- Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889
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3Cited by4 opinions
- Kimball v. LesterAppellate Division of the Supreme Court of the State of New York · 1899
- Levin v. RitzNew York Supreme Court · 1895
- Fleeman v. FleemanSuperior Court of Buffalo · 1891
- Hubbell v. Fidelity Life Ass'nAppellate Court of Illinois · 1937