Kelly v. Supreme Council
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Kelly, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clei'k of the county of New York on the 28th day of June, 1899, upon, the decision of the court, rendered after a trial at the New York Special Term, overruling her demurrer to the second, third and fourth' defenses set forth in the answer. The action was commenced October 12, 1898.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover $-2,000, alleged to be due upon a, membership certificate of insurance issued by defendant to plaintiff’s husband. The complaint alleged that in consideration of the payment of an initiation fee arid of sundry dues and assessments, and in further considei’ation of the promises of Daniel W. Kelly, plaintiff’s husband, to comply with all the laws, rules and requirements of the defendant - while he was a member, the defendant •delivered to him its beneficiary certificate in and by which it promised and. declared that - he was entitled to…
2Cases cited1 opinion
- Roach v. New York & Erie InsuranceNew York Court of Appeals · 1864
3Cited by18 opinions
- Roeh v. Business Men's Protective Ass'nSupreme Court of Iowa · 1914
- Cortland-Clinton, Inc. v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1977
- Supreme Ruling of Fraternal Mystic Circle v. HoskinsCourt of Appeals of Texas · 1914
- Becker v. Interstate Business Men's Acc. Ass'n of Des MoinesCourt of Appeals for the Eighth Circuit · 1920
- Greenberg v. Rhode Island InsuranceAppellate Terms of the Supreme Court of New York · 1946
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