Munn v. . Masonic Life Assn.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 19, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 19, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to submit to the jury the question of the time at which plaintiff’s claim was disallowed, as bearing on the defense of the short limitation contained in the by-laws-(Butler v. Supreme Council, 105 App. Div. 164; 186 N. Y. 2.)…
1Opinion of the CourtGray, J.
The plaintiff sued the defendant in order to recover the amount due upon a certificate, or policy, of life insurance, issued by the latter to the former’s husband and payable to her as beneficiary. Two defenses were interposed. In the first place, it was answered that the membership of the assured had lapsed, by reason of his failure to pay a certain monthly assessment, and that he had not been re-instated. In the second place, it was answered that this action was not commenced within six months from the date of the disallowance by the defendant of the plaintiff’s claim, as was required by…
2Cited by1 opinion
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