Appellate Division of the Supreme Court of New York, 1937

Smeltz v. Buffalo Police Mutual Aid & Benefit Ass'n

Smeltz v. Buffalo Police Mutual Aid & Benefit Ass'n
Appellate Division of the Supreme Court of New York · Decided November 17, 1937
252 A.D. 922; 300 N.Y.S. 133; 1937 N.Y. App. Div. LEXIS 6822
Smeltz v. Buffalo Police Mutual Aid & Benefit Ass'n

Opinion of the Court

Judgment affirmed, with costs. Memorandum: The evidence establishes a failure on the part of the defendant to give the notices of the assessments as provided in section 1 of article 8 of the constitution and section 2 of article 8 of the by-laws of the defendant, when read together. All concur. (The judgment is for plaintiff in an action under a life insurance certificate.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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