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28 Misc. 781

Cook v. Benson

Appellate Terms of the Supreme Court of New York · decided 1899-07-15

<p>Appeal from a judgment, in favor of the plaintiff, rendered in the Municipal Court of the city of Eew York, third district, borough of Manhattan.</p>

Decided 1899-07-15

Leventritt, J.

¶1The decision rendered at the present term of this court in Jennings v. Chelsea Division Benefit Fund Society, 28 Misc. Rep. 556, disposes of the question raised on this appeal. The by-law there construed as reasonable is almost identical in terms with that in the case at bar. The judgment rendered in favor of the plaintiff could find support only in the unreasonableness of that by-law.

¶2The judgment must, therefore, be likewise reversed.

¶3Freedman, P. J., and MacLean, J., concur.

¶4Judgment reversed, with costs to appellant.

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