Legal Opinion

Donaldson v. Supreme Council, Catholic Benevolent Legion

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1921Published

1Opinion of the Court

Judgment reversed and a new trial granted, with costs to appellant to abide the event. An examination of the record in this case discloses the fact that the trial court construed the contract between the society and the member to consist of the bare certificate itself, and failed to consider the all-important factor that the certificate alone did not constitute the contract between the parties in its entirety. If the court’s action in so doing is carried to its logical conclusion, then a recovery upon such certificate could not be had for any definite sum of money. The wording of the document…

2Cases cited3 opinions

  1. Sabin v. . PhinneyNew York Court of Appeals · 1892
  2. Kennedy v. . Supreme Council, Catholic Benevolent LegionNew York Court of Appeals · 1921
  3. Kennedy v. Supreme Council Catholic Benevolent LegionAppellate Division of the Supreme Court of the State of New York · 1919

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