60 N.Y.S. 808 | N.Y. App. Div. | 1899
This action is brought to recover the amount of a benefit or insurance upon the life of the plaintiff’s husband, issued by the defendant, a fraternal mutual assessment society, organized under the laws of Massachusetts. In 1894 the plaintiff’s husband became a member of the defendant society and received the certificate which is the subject of this suit. He continued such member until July, 1897. In the latter year the following assessments were imposed upon him: No. 242, the time for the payment; of which expired on April thirtieth; No. 243 payable on May thirty-first; No. 244 on June fourteenth; No. 245 on July -first; and No. 246 on July thirty-first. Notices of these assessments were properly given to the deceased, who did not pay or attempt to pay any of them until July. The first three assessments, Nos. 242, 243 and 244, were advanced by the collector of the subordinate lodge or council of.
“ Brooklyn, July 14, 1897..
“Mr. T. J. Hand: .
“Dear Sir.^1 regret exceedingly that I could not accept the money left at Lenz’ in payment of your dues and assessments. I notified your several times of being in arrears, but no notice was taken of it, till finally I had no option but to suspend you. Tou can get your money oy calling at Lenz’ for it. Perhaps you may like .to know how and at what expense you can get back again. Make application for reinstatement, pass another medical examination ($2.50) and then pay all dues, fines, and assessments, and you will be O. K. The sooner you do this the better. We meet on Friday, July 16th. Apply for reinstatement to Secretary M. E. Doyle, 228 South Fourth St.
“Tours truly,
“E. D. TERBELL.”
On the receipt of this letter Hand sent to Lenz and received the money which had formerly been paid in on his account. He - had some conversation with the secretary of the council in which he stated that he would apply for reinstatement as authorized by the by-laws of the defendant, but he took no action in this direction, nor did he pay or.tender assessment No.• 246. Nothing further passed between the parties, and in November, 1897, Hand died.
The judgment should be reversed and a new trial granted, costs-to. abide, the event.
All concurred, except Hatch, J., not sitting.
Judgment reversed and new trial granted, costs to abide the event,-