Sasse v. Order of United Commercial Travelers of America

Majority

p. 669

Edith L. Sasse, Appellant, v. Order of United Commercial Travelers of America, Respondent.

Headnote

Sasse v. Order of United Commercial Travelers of America, 179 App. Div. 927 , modified.

(Argued April 25, 1919;

decided May 20, 1919.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19,1917, unanimously affirming a judgment in favor of defendant, entered upon an order of the court at a Trial Term setting aside a verdict in

p. 670

favor of plaintiff and directing a dismissal of the complaint on the merits. The action was to recover the amount of a death benefit provided for in defendant’s constitution to be paid to a designated beneficiary upon death of a member through accident. The complaint was dismissed upon the ground that the plaintiff had failed to give notice to the defendant of the death within the time required by its constitution.

Frederick Hulse for appellant.

H. B. Bradbury for respondent.

Judgments modified by striking out provision “ on the merits ” and as so" modified affirmed, without costs; no opinion.

Concur: His cock, Ch. J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.