Mayer v. Equitable Reserve Fund Life Ass'n
New York Supreme Court
Appeal from circuit court, Ulster county. Appeal by the Equitable Reserve Fund Life Association, defendant, from a judgment in favor of the plaintiff, John M. Mayer, entered upon the verdict of the j ury upon the trial at the Ulster county circuit; also from the order denying the motion made by the defendant upon the minutes to set aside the verdict, and grant a new trial.
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Appeal from circuit court, Ulster county. Appeal by the Equitable Reserve Fund Life Association, defendant, from a judgment in favor of the plaintiff, John M. Mayer, entered upon the verdict of the j ury upon the trial at the Ulster county circuit; also from the order denying the motion made by the defendant upon the minutes to set aside the verdict, and grant a new trial. The action was brought by the plaintiff to recover as assignee upon a certificate of membership issued by the defendant to Charles Stephan. This certificate was a contract of insurance upon the life of Stephan for $5,000,…
1Opinion of the CourtLandon, J.
The application for the certificate was made by Charles Stephan, October 10, 1883, and he died December 27, 1883. Upon the trial much testimony was given on the part of the defendant tending to show that several of the answers made by the insured in his application and upon his medical examination were not “fully and truly” answered. According to the terms of the contract, these answers were warranties; and, if not fully and truly made, the contract was, by its own terms, void. Such was the agreement of the parties to it,—an agreement which it is hardly necessary to say it was entirely…
Also in this document: Concurrence.
2Cases cited7 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Bryce v. . Lorillard Fire Ins. Co.New York Court of Appeals · 1873
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- Supreme Lodge of the Fraternal Brotherhood v. PriceCalifornia Court of Appeal · 1915
- Mutual Life Insurance v. LowtherColorado Court of Appeals · 1912
- Kimbal v. National Life & Accident InsuranceLouisiana Court of Appeal · 1928
- Supreme Court v. FriseMichigan Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.