Appellate Division of the Supreme Court of New York, 1914

Brown v. Protected Home Circle

Brown v. Protected Home Circle
Appellate Division of the Supreme Court of New York · Decided March 15, 1914
162 A.D. 924; 146 N.Y.S. 1085
Brown v. Protected Home Circle

Opinion of the Court

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. All concurred, except Kruse, P. J., and Foote, J., who dissented.

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