21 N.Y.S. 641 | N.Y. Sup. Ct. | 1893
This action was brought to recover the sum of $2,000 upon a certificate of membership and insurance issued in the ■name of the defendant to the husband of the plaintiff, payable to the ■plaintiff, as the wife of the insured, James G. Evoy. The allegation of the original complaint was that the defendant was a foreign corporation, organized under and by virtue of the laws of the state of Ohio. The answer alleged that the defendant was a voluntary association, and ■not a corporation. A motion was accordingly made by the plaintiff to amend the title of the summons so as to substitute in the place of “Ex-pressmen’s Aid Society” the names of the persons constituting this voluntary association. The moving affidavits show that the defendant ■had no president or secretary residing in the state of Hew York.
We think the order in this case was properly made. The appeal is taken in the name of the “Expressmen’s Aid Society.” The order, as ■made and entered, required the respondent to serve all the defendants ■named as constituting the persons forming the voluntary company. There is no doubt but that the plaintiff intended to sue the company doing business under the name of the “Expressmen’s Aid Society.” She made a mistake in the name of the parties conducting the business in the name of that company. The person served was a member of the voluntary association. The action appears, therefore, to have been brought against the right body of persons, but under the wrong
Order appealed from affirmed, with $10 costs and disbursements. • All concur.