Majority
p. 547Edna D. Johnson, Respondent, v. The Supreme Council, Catholic Benevolent Legion, Appellant. (Submitted April 26, 1923; decided May 11, 1923.)
Headnote
Benefit associations — insurance — when amendment to by-laws adopted subsequent to contract authority for charge of deficiency lien against certificate.Johnson v. Supreme Council, Catholic Benevolent Legion, 204 App. Div. 841 , reversed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial
p. 548
department, entered November 23, 1922, in favor of plaintiff upon the submission of a controversy under section 546 of the Civil Practice Act. The action was brought by a beneficiary to recover the face amount of a benefit certificate in a fraternal assessment society. The liability of the defendant was conceded, the point in issue being as to the amount of benefit payable upon the certificate in suit. The defendant contended that by reason of amendments to the by-laws, adopted subsequent to the time that the contract was entered into, the amount payable upon the certificate was only $622.47. The difference between $1,000, the face of the certificate, and $622.47, or $377.53, being the amount of a reserve deficiency lien which defendant claimed was chargeable against the certificate.
Harry J. Frey and Edward J. Connolly for appellant.
Frank E. Johnson for respondent.
Joseph K. Ellenbogen for Lawrence Everett et al., certificate holders, intervening.
Hervey J. Drake for Superintendent of Insurance.
Judgment reversed and judgment granted dismissing plaintiff’s claim, without costs, on authority of Everett v. Supreme Council C. B. L. ( 236 N. Y. 62 ).
Concur: Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Absent: Hiscock, Ch. J.