Markowitz v. Joseph Eckert Lodge No. 82

Appellate Terms of the Supreme Court of New York

Markowitz v. Joseph Eckert Lodge No. 82

30 Misc. 764, 61 N.Y.S. 874

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1899

StatusPublished

This text of 30 Misc. 764 (Markowitz v. Joseph Eckert Lodge No. 82) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Markowitz v. Joseph Eckert Lodge No. 82, 30 Misc. 764, 61 N.Y.S. 874 (N.Y. Ct. App. 1899).

Pincite

Opinion

MacLean, J.

From the agreed state of facts, it appears that the plaintiff’s assignor, who was a member of the defendant lodge, might have been entitled to a “ sick benefit,” had he, during an absence from the city, complied with a by-law which required him to procure a “ traveling card ” and present it to the branch lodge in Erie, where he was sojourning, and request that lodge officially to notify the defendant of his illness. These acts on the part of the plaintiff were conditions precedent to the defendant’s liability. He performed none of them. His complaint was, therefore, rightly dismissed upon the merits by the learned justice, and the judgment herein should be affirmed.

Freedman, P. J., and Leventritt, J., concur.

Judgment affirmed, with costs.

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MacLean, J.

From the agreed state of facts, it appears that the plaintiff’s assignor, who was a member of the defendant lodge, might have been entitled to a “ sick benefit,” had he, during an absence from the city, complied with a by-law which required him to procure a “ traveling card ” and present it to the branch lodge in Erie, where he was sojourning, and request that lodge officially to notify the defendant of his illness. These acts on the part of the plaintiff were conditions precedent to the defendant’s liability. He performed none of them. His complaint was, therefore, rightly dismissed upon the merits by the learned justice, and the judgment herein should be affirmed.

Freedman, P. J., and Leventritt, J., concur.

Judgment affirmed, with costs.

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Bluebook (online)

30 Misc. 764, 61 N.Y.S. 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/markowitz-v-joseph-eckert-lodge-no-82-nyappterm-1899.