Sweeney v. . Modern Woodmen of America

New York Court of Appeals

Sweeney v. . Modern Woodmen of America

143 N.E. 733, 237 N.Y. 536, 1923 N.Y. LEXIS 764

CourtNew York Court of Appeals

DecidedDecember 27, 1923

StatusPublished

Cited by2 cases

This text of 143 N.E. 733 (Sweeney v. . Modern Woodmen of America) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sweeney v. . Modern Woodmen of America, 143 N.E. 733, 237 N.Y. 536, 1923 N.Y. LEXIS 764 (N.Y. 1923).

Pincite

Opinion

Per Curiam.

The evidence is uncontradicted and unimpeached (Hull v. Littauer, 162 N. Y. 569) that the member holding the defendant’s certificate became “ intemperate in the use of alcoholic drinks.”

The effect of such intemperance was, by the terms of the contract, a forfeiture of the certificate and of all benefits thereunder.

The judgment of the Appellate Division and that of the Trial Term should be reversed, and the complaint dismissed, with costs in all courts.

His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur.

Judgment reversed, etc.

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