Balint v. Sovereign Camp of Woodmen of the World

Appellate Division of the Supreme Court of New York

Balint v. Sovereign Camp of Woodmen of the World

255 A.D. 705, 5 N.Y.S.2d 611, 1938 N.Y. App. Div. LEXIS 4861

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1938·Published

Opinion

Order granting motion for a new trial on the ground of newly-discovered evidence unanimously affirmed, with costs. The affidavits contain proof which tends to show that plaintiff knew that decedent had a wife living at the time that she was living with the decedent. If that be proved upon the trial, plaintiff may not recover under the beneficiary certificate as a dependent. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

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Order granting motion for a new trial on the ground of newly-discovered evidence unanimously affirmed, with costs. The affidavits contain proof which tends to show that plaintiff knew that decedent had a wife living at the time that she was living with the decedent. If that be proved upon the trial, plaintiff may not recover under the beneficiary certificate as a dependent. Present — Lazansky, P. J., Carswell, Davis, Adel and Close, JJ.

Balint v. Sovereign Camp of Woodmen of the World, 255 A.D. 705, 5 N.Y.S.2d 611, 1938 N.Y. App. Div. LEXIS 4861 (N.Y. Ct. App. 1938).

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255 A.D. 705 (Balint v. Sovereign Camp of Woodmen of the World) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.