Legal Opinion
Bottjer v. Supreme Council American Legion of Honor
Appellate Division of the Supreme Court of the State of New York
Decided January 9, 1903PublishedCited by 1 opinion
Appeal from trial term, Kings county. Action by Cate Bottjer against the "Supreme Council American Legion of Honor. From a judgment in favor of plaintiff (75 N. Y. Supp. 805), defendant appeals. Affirmed.
1Opinion of the CourtHirschberg, J.
The plaintiff sues as the beneficiary named in a benefit certificate issued by the defendant to her husband, and which entitled her to the sum of $5,000 upon his death. Between the time of the issuing of the certificate and the death of her husband, the defendant adopted an amendment to its by-laws as follows:
“In case the member shall die by suicide, sane or insane, or by alcoholism, or by legal execution for crime, there shall only be due and payable to the beneficiary under the benefit certificate, the then value of the certificate, to be ascertained on the basis of the proportion of time…
2Cases cited5 opinions
- Weber v. Supreme Tent of Knights of MacCabees of WorldNew York Court of Appeals · 1902
- O'Reilly v. Utah, N. & C. Stage Co.New York Supreme Court · 1895
- Isola v. . WeberNew York Court of Appeals · 1895
- Feierstein v. Supreme LodgeAppellate Division of the Supreme Court of the State of New York · 1902
- Shipman v. Protected Home CircleAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- King v. IrvingAppellate Division of the Supreme Court of the State of New York · 1905