
    James Foley, Respondent, v. New York Mutual Benevolent Society, Appellant.
    
      Foley v. N. Y. Mutual Benevolent Society, 141 App. Div. 180, affirmed.
    (Argued March 13, 1913;
    decided April 1, 1913.)
    . Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, without a jury, in an action to recover an amount alleged to be due plaintiff as a benefit under the constitution and by-laws of defendant.
    
      Florence J. Sullivan for appellant.
    
      A. L. Pincoffs for respondent.
   Judgment affirmed, with costs, on opinion of Clarke, J., below. '

Concur: Cullen, Oh. J., Gray, Werner, Hiscock, Collin, Ouddeback and Miller, JJ. > • - - '  