RENDERED IN INSURANCE CASES IN THE FEDERAL COURTS,
AND IN THE STATE SUPREME COURTS.

WALTER S. NICHOLS, Editor.

WILLIAM OTIS BADGER, JR., Associate Editor.

VOLUME XLI.

NEW SERIES, VOLUME XXI.

NEW YORK:

PUBLISHED BY C. C. HINE'S SONS COMPANY,

100 WILLIAM STREET.

C. C. HINE'S SONS CO.

Return this Slip with this Volume

For Jan Franceseo Life dus les

JAN 15 1915

Buckram

.

SUPREME COURT OF NEW YORK.

APPELLATE DIVISION, SECOND Department.

GENTY

US.

KNIGHTS OF COLUMBUS.*

MUTUAL BENEFIT INSURANCE-ACTIONS-SUFFICIENCY OF

EVIDENCE.

Evidence in an action on a mutual benefit certificate, held to sustain a
finding that insured had no knowledge of the change in the list of
forbidden occupations by including therein that of railroad switchman.
(For other cases, see Insurance, Dec. Dig. § 819.)

MUTUAL BENEFIT INSURANCE-BENEFICIARY.
Where the constitution of a mutual benefit association provided that the
designation by the board of directors of the beneficiary where the one
designated in the certificate is dead, and the member designated
no other, should not conflict with the provisions of the charter as
to the beneficiary the charter provision that in case of the death of
insured without a wife or issue the certificate should be payable to in-
sured's heirs at law would control over any other designation of
the board of directors, entitling the father of a deceased member
dying without wife or children to the proceeds of the certificate.
(For other cases, see Insurance, Cent. Dig. § 1942; Dec. Dig. § 776.)

Appeal from Trial Term, Orange County.

Action by Michael Gienty against the Knights of Columbus. From a judgment for plaintiff and an order denying a motion for new trial, defendant appeals. Affirmed.

* Decision rendered, October 27, 1911. 131 N. Y. Rep. 792.

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