City of New York Municipal Court January 15, 1941 (Garofano Construction Co. v. Lumber Mutual Casualty Insurance)

Schimmel, J.

This is an action against a mutual insurance company to recover a so-called dividend. The by-laws of the defendant, which had issued to the plaintiff a standard workmen’s compensation and employers’ liability policy of insurance, contain the following provisions:

“ Each member of this.