Sabin v. . Phinney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action upon a certificate of membership issued to John C. Sabin by the Grand Lodge of the Ancient Order of United Workmen of the State of Hew York, which was incorporated March 29, 1877, by chapter 74 of the laws of that year.
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Appeal from judgment of the General Term of the Supreme Court of the fifth judicial department, entered upon an order made October 1, 1889, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action upon a certificate of membership issued to John C. Sabin by the Grand Lodge of the Ancient Order of United Workmen of the State of Hew York, which was incorporated March 29, 1877, by chapter 74 of the laws of that year. This statute authorized the corporation to create subordinate lodges and accumulate funds for the benefit of members. The fourth…
1Opinion of the Court
Follett, Ch. J.
The appellant insists that the cancellation of the first certificate which was payable to her, and the substitution of the second, which was payable to the respondent, were void for two reasons :
1. That the respondent had no insurable interest in the life of John 0. Sabin.
2. That'she, the wife, acquired by virtue of the first certificate and its delivery to her a vested right to the sum payable on her husband’s death of which she could not be deprived without her consent.
The statute under which the corporation was organized expressly provides that the funds “ may be set apart…
2Cases cited2 opinions
- Hellenberg v. District Number One of the Independent Order of BerithNew York Court of Appeals · 1884
- Massey v. Mutual Relief Society of RochesterNew York Court of Appeals · 1886
3Cited by44 opinions
- Mutual Ben. Life Ins. v. SwettCourt of Appeals for the Sixth Circuit · 1915
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
- Carpenter v. KnappSupreme Court of Iowa · 1897
- Taylor v. Southern Bank & Trust Co.Supreme Court of Alabama · 1933
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