Kehlenbeck v. Logeman
New York Court of Common Pleas
Appeal from, a judgment of this court, entered upon the dismissal of a complaint. The defendant in this action was a voluntary association, and the action was brought by the plaintiff, claiming to be a member thereof, to recover certain sick benefits.
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Appeal from, a judgment of this court, entered upon the dismissal of a complaint. The defendant in this action was a voluntary association, and the action was brought by the plaintiff, claiming to be a member thereof, to recover certain sick benefits. The by-laws and constitution of this association were so worded as to permit three-fourths of the members present to amend them in any respect as they might see fit, and there was nothing which required notice of such amendment to be sent to the members. Pursuant to the constitution, the by-laws were so amended some considerable time prior to…
1Opinion of the CourtVan Brunt, P. J.
[After stating the facts as above.]—It seems that the true interpretation of the by-law in question *448makes the furnishing of the physician’s certificate a condition precedent to a recovery. It is one of the regulations adopted by the organization for the purpose of determining as to who shall be entitled to sick benefits and under what circumstances. The objection to the admission of the evidence of the by-law upon the ground that the by-law introduced in evidence was different from the one pleaded, does not seem to be well taken. It is true that there are contained in the record other…
2Cases cited1 opinion
- Poultney v. BachmanNew York Supreme Court · 1881
3Cited by9 opinions
- Supreme Council American Legion of Honor v. JordanSupreme Court of Georgia · 1903
- Hess v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1899
- Loubat v. Le RoyNew York Supreme Court · 1884
- Littleton v. Wells & McComas Council, No. 14Court of Appeals of Maryland · 1904
- Weinstock v. LadiskyNew York Supreme Court · 1950
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