Fitzgerald v. Equitable Reserve Fund Life Ass'n
City of New York Municipal Court
On motion for new trial. Action by Maggie Fitzgerald against the Equitable Reserve Fund Life Association on a certificate of membership in said association for her benefit.. . Verdict for plaintiff.
1Opinion of the CourtEhrlich, J.
The blank form of the so-called policy, submitted upon the-motion, contains this language: “Upon the death of a member a mortuary assessment shall be made, (but not more than one for each death,) where the death, fund is sufficient to meet the claim thereby arising.” There can be no doubt that the real intentof the entire instrument requires that the word “sufficient” should be read “insufficient,” and so counsel on both sides have treated it in, their briefs. The plain meaning of the contract is that defendant shall make-a mortuary assessment to meet each death loss, unless the fund is…
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