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162 A.D. 924

Brown v. Protected Home Circle

Appellate Division of the Supreme Court of the State of New York · decided 1914-03-15

Decided 1914-03-15

¶1Plaintiff’s exceptions sustained and motion for new trial granted, with costs to plaintiff to abide event. Held, that the nonsuit was improperly granted; that the evidence presented questions of fact which should have been submitted to the jury as to payment and acceptance by defendant of dues after the expiration of the payment period, and defendant’s waiver of the forfeiture and reinstatement clauses of the certificate. All concurred, except Kruse, P. J., and Foote, J., who dissented.

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