
    John Larkin, Respondent, v. William Sullivan, as President, etc., Appellant.
    Appeal from a judgment rendered in the District Court of " the city of Rew York for the fifth judicial district.
    
      Samuel Mullen, for appellant.
    
      Abraham H. Sarasohn, for respondent.
   Bookstaver, J.

This action was brought to recover the sum of seventy-five dollars, which plaintiff claimed as a funeral benefit, by reason of the death of his wife, due to him by the defendant association because he was a financial member of the district lodge. The case was tried by the justice with a jury. The defense was two-fold : First, that the plaintiff was over forty years of age when he joined the lodge, and, second, that he was not a member in good standing at the time, because he was in arrears for dues for a period of three months prior to the death of his wife. The plaintiff’s testimony in the case was somewhat contradictory, but, on the other hand, the defendant’s testimony was vague and indefinite. There was enough evidence offered by the plaintiff to sustain his contention if believed by the jury, and their verdict shows they did believe him. Neither of the questions litigated before them were of a nature to induce sympathy on one side, or passion, prejudice or hasty action on the other. We, therefore, do not think the verdict should be disturbed.

As far as the record shows, no exceptions were taken during the course of the trial, and none were argued before us.

The judgment should, therefore, be affirmed, with costs.

Giegerich, J., concurs.

Judgment affirmed, with costs.  