Emmeluth v. . H.B. Association
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1887, which affirmed a judgment in favor of plaintiff entered upon an order of the Special Term overruling a demurrer to the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1887, which affirmed a judgment in favor of plaintiff entered upon an order of the Special Term overruling a demurrer to the complaint. This action was brought upon a. certificate issued by defendant, a co-operative insurance corporation, organized under chapter 175 of the Laws of 1883. The plaintiff by his amended complaint alleges the corporate character of the defendant, and that December 8, 1884, in consideration of the annual premium of $10, to it paid…
1Opinion of the CourtVann, J.
It appears from the complaint that ten persons, designated as members of Five Thousand Club “I,” limited to ten, each procured a certificate of insurance from the defendant. While this is not expressly alleged, it necessarily follows from the allegations that the club was limited to ten members, each with a certificate in force, and the withdrawal of two thereof “ leaving eight meilibers of said Five Thousand Club ‘ I ’ entitled to receive their share of said $5,000.” One of the certificates is specifically set forth, and another generally, and from the former, issued to Daniel Sandford, it…
2Cases cited1 opinion
- Spicer v. HunterNew York Supreme Court · 1861
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- St. Regis Paper Co. v. Stuart. Stuart v. St. Regis Paper CoCourt of Appeals for the First Circuit · 1954
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