Majority
p. 1085BROWN v. PROTECTED HOME CIRCLE. (Supreme Court, Appellate Division, Fourth Department. March 4, 1914.)
Headnote
Action by Charles R. Brown against the Protected Home Circle.Plaintiff’s exceptions sustained, and motion for new trial granted, with costs to plaintiff to abide event. Held, that the nonsuit was improperly granted, that the evidence presented questions of fact which should have been submitted to the jury as to payment and acceptance by defendant of dues after the expiration of the payment period, and defendant’s waiver of the forfeiture and reinstatement clauses of the certificate.
KRUSE, P. J., and FOOTE, J., dissent.