18 N.Y. St. Rep. 914 | City of New York Municipal Court | 1888
The blank form of the so-called policy, submitted upon the-motion, contains this language: “Upon the death of a member a mortuary assessment shall be made, (but not more than one for each death,) where the death, fund is sufficient to meet the claim thereby arising.” There can be no doubt that the real intentof the entire instrument requires that the word “sufficient” should be read “insufficient,” and so counsel on both sides have treated it in, their briefs. The plain meaning of the contract is that defendant shall make-a mortuary assessment to meet each death loss, unless the fund is already sufficient for that purpose. The proof elicited from defendant’s president showed