Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 66) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902. Excerpt: ... Fourth Department, November Term, 1901. Vol. 66. it appeared that the officer who denied the application for reinstatement presided over the various bodies to which an appeal from his decision would be taken, and that the member would be unable to procure a final determination of such appeals for a year and a half, and that in order to be present at the hearing of the appeal he would be obliged to travel 3,000 miles--especially as the requirement was imperative that the member seeking rehabilitation must obtain a favorable certificate of the medical examiner, which in this case could not be done. Appeal by the defendant, The Supreme Court of the Independent Order of Foresters, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 1st day of May, 1901, upon the decision of the court rendered after a trial at the Erie Trial Term, a jury having been waived, directing the reinstatement of the plaintiff to membership in the defendant company. The proceedings were instituted by an alternative writ of mandamus, founded upon the affidavit of the relator, setting forth that he was a member of the defendant and had been improperly suspended therefrom, and asking reinstatement to all his rights and privileges as a member in good standing in said order. The defendant made return to said writ, traversing some of the facts contained in the affidavit of the relator, and a trial was had, resulting in the judgment aforesaid. The facts were stipulated on the trial. O. P. Stockwell, for the appellant. David Buslander, for the respondent. Spring, J.: The defendant is a Canadian corporation based on the fraternal and mutual benefit plan, and carrying on its business within the State of New York. The ben...