Majority
p. 565Clista M. McCarthy, as Administratrix of the Estate of Edward Sandell, Deceased, Respondent, v. The Supreme Court of the Independent Order of Foresters, Appellant. (Argued January 24, 1907; decided February 19, 1907.)
Headnote
McCarthy v. Supreme Court Ind. Order of Foresters, 113 App. Div. 892 , affirmed.Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 25, 1906, affirming a judgment in favor of plaintiff' entered upon a decision of the court at a Trial Term, without a jury, in an action to recover the amount of a fraternal benefit certificate of life insurance.
p. 566
O. P. Stockwell for appellant.
Edmund J. Plumley for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett and Chase, JJ. Taking no part: Hiscock, J.