The sun., 1901-03-03
COl RI or APPEALS DECISION.
Moneys Paid by q Beneficiary Association Are
Not Exempt From Attachment.

PORT JERvIs n Y March THE Court Of
Appeals has decided a point which is OF great
interest 10 every fraternal beneficiary organ
cation in the State. In the case Of stephen
VI. Bull Of Newburgh against James p. Case
Of Port Jervis. the court holds that moneys
paid on beneficiary certificates are not ex-
empt from the claims Of creditors Of the
benefi caries. The plaintiff. who is a whole
sale merchant in Newburgh. procured an at
fachment against the defendant. which was
levied on bond and mortgage received by
the latter from his son on loan OF moneys
which were the proceeds of beneficiary GER
Lhcate issued by the Supreme Council Royal
Templsrs OF Temperance upon the life OF
Mary E. Case, wife OF the Defendant. The
attachment was vacated bv the supreme
Court At Special Term on the ground that
under the provisions Of Section 23S OF the In
sirsnos law the bond and mortgage repre-
sented in part the proceeds OF said bene-
nciary certificate and were therefore. exempt
from attachment or execution issued against
the defendant of such beneficiary. The order
Of the Special Term was reversed by the
Appellate Division. a majority Of that court
holding that said bond and mortgage were not
exempt from attachment or execution. In
the appeal to the Court of Apueas tire"
guest ions were certified 10 that body for
was decisive Of the case the other questions
were not referred to, The first question
wa-
pad. provided or rendered by any frat"rnal
beneficial society, include the case OF money
sfter i has been actually paid over and re-
'"lved Toy the beneficiary. or rs III" eX'Wrhon
confined 10 cases where The insurance or
benefit contracts are outstanding und nav"
p ., YET matred. ar the sums Oil" 'h"'eoh
The answer 10 this question. savs Justice
Worrar "doronds mon IN" CGn,trIctinn ~
.. ftl ma
q, follows All money or other benefit,
c.'r'y, relief or aid 10 be- rad proved
t','pel l"t, heller voiuntay "r .niem
lwrH"d under tits article or any 9thcr iaW
,'ot. &C. exempt iron, eNe,u,!on and shan ,nt
o. aus legal ~ equitable process g. usv any
fn.'f ~ deht 81 q r''nh'F. hen"i'Car" or
t"''' ...arjoS OF q member
. D. t... Ht ~""n a. -, C"u'.nN" jus .''"
s~''l.u fu'n, Ypun the mt 'rprsta'i2n t. be-
gwen - N" words to be paid De 'nc'
,r"tr" IN oN".lp'i N of m" I'm 4 while in the
'a- ~ the m>grtn"" '"m"nv %, SOC
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! q .. .. "n"' cliri"s ~ o. 'r"nt"I, -
..r.. = 10 rHIi' -""u 80 hsy" b'."n '1r"-
'a.-.n So "N"lpd" IA" I's,'hIN ~
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