Markey v. Supreme Council, Catholic Benevolent Legion
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Fannie Markey, as administratrix, etc., of Joseph P. Markey, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of. the county of New York on the 19th day of November, 1901, upon the decision of the court, rendered after a trial at the New York. Special Term, sustaining the defendant’s demurrer to the complaint.
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• Appeal by the plaintiff, Fannie Markey, as administratrix, etc., of Joseph P. Markey, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of. the county of New York on the 19th day of November, 1901, upon the decision of the court, rendered after a trial at the New York. Special Term, sustaining the defendant’s demurrer to the complaint. The action was brought to recover the amount of a benefit certificate issued by the defendant to Joseph P. Markey.
1Per curiam
- If -it be true, as urged by the appellant, that the defendant had no authority, under its constitution, to make the certificate issued upon the life of Joseph P. Markey payable to the brother, Edward J. Markey; it does not follow that the plaintiff can, by reason of ' that fact; recover the amount stated in the certificate. - If the defendant’s act in issuing the certificate was ultra vires the plaintiff cannot take advantage of it, inasmuch as she has no certificate at all, and comes into court without the basis of any claim whatever. (Luhrs v. Supreme Lodge Knights & Ladies of Honor, 27…
2Cases cited1 opinion
- Maguire v. MaguireAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Coulson v. . FlynnNew York Court of Appeals · 1905
- Shinholser v. HenrySupreme Court of Georgia · 1921
- Baltimore & Ohio Railroad v. VeltriSuperior Court of Pennsylvania · 1908