Koeth v. Knights Templars & Masons Life Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The Knights Templars and Masons Life Indemnity Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury for $2,338.47 in favor of the plaintiff, rendered by direction of the court after a trial at the Monroe Trial Term. The action was brought to recover upon a policy of insurance issued by the defendant upon the life of Augustus M. Koeth.
1Opinion of the Court
Follett, J.:
January 14, 1896, sections 1 and 2 of the so-called constitution of ■the defendant were duly amended, by which it is asserted by the defendant that the contract between it and the insured was amended in an important particular. On the contrary, it is contended by the plaintiff that an amendment of the constitution duly adopted according to the provisions of the original t constitution, did not affect outstanding policies. The defendant offered to show that there were no votes cast in opposition to the proposed amendment, which ivas excluded on the plaintiff’s objection, and that…
2Cited by4 opinions
- Evans v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Smith v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904
- Evans v. Southern Tier Masonic Relief Ass'nAppellate Division of the Supreme Court of the State of New York · 1902
- Koeth v. Knights Templars' & Masons' Life Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1899