Matter of Brown v. . Order of Foresters
New York Court of Appeals
Appeal from a judgment of tlie Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 21, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of tlie Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 21, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The certificate of membership and the constitution and laws constitute the contract of insurance, and the rights of all parties are to be determined thereby. (Collins v. Collins, 30 App. Div. 343; Matter of E. R. F. L. Assn., 131 N. Y. 369; Meyers v. Masonic…
1Opinion of the CourtO’Brien, J.
The courts below have adjudged that the plaintiff or relator was entitled to a peremptory writ of mandamus commanding the defendant to reinstate the relator in all his rights and privileges as a member of the order of Foresters in good standing upon payment by him of such dues and assessments as have accrued since the date of his suspension and further that the relator recover his costs of the .proceedings. This appeal presents the question whether the relator was entitled to that relief upon the undisputed facts.
The defendant is a foreign corporation, organized under the laws of Canada on…
2Cases cited1 opinion
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
3Cited by46 opinions
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- Lindahl v. Supreme Court I. O. F.Supreme Court of Minnesota · 1907
- Frank Santos v. District Council of New York City and Vicinity of United Brotherhood of Carpenters and Joiners of America, Afl-CioCourt of Appeals for the Second Circuit · 1977
- Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
- Walsche v. SherlockNew Jersey Court of Chancery · 1932
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