122 N.Y.S. 527 | N.Y. App. Div. | 1910
The defendant is a corporation organized under the laws of the State of Indiana to promote the skill, efficiency, intelligence and cháracter of its members, to cultivate friendship among them, to regulate wages, hours and conditions of labor, and for kindred objects. It has the further purpose of raising funds for the benefit of sick, disabled or unemployed,members, and the families of deceased members who continuously complied with our laws.” The defendant exercised its power to make by-laws by adopting 268 provisions. The sections here in question existed when plaintiff’s. decedent became a member in January, 1903. By agreement his membership was related to April 20, 1897. He continued to pay his dues to and including March, 1908, but defaulted for April, May, June and July, but on August 10, 1908, he paid the arrearages and future dues to and including December. He died January 6, 1909. By force of by-laxv, .section 46, he became, after three months’ arrearages of dues, without notice or action, a suspended member. By section
Hirschberg, P. J., Burr, Rich and Carr, JJ., concurred.
Judgment for defendant in accordance with the terms of the submission, with costs.