Legal Opinion
Foley v. Royal Arcanum
New York Supreme Court
Decided May 14, 1894PublishedCited by 3 opinions
Appeal from circuit court, Orange county. Action by Annie Foley against the Eoyal Arcanum on a mutual benefit certificate. The' complaint was dismissed on the merits, and plaintiff appeals. Affirmed.
1Opinion of the CourtBrown, P. J.
This action was brought to recover upon a benefit certificate issued by the defendant to Jeremiah B. Foley, and made payable upon his death to the plaintiff, who was his wife. By the terms of the certificate the statements made by Foley in his application for membership in one of the defendant’s councils, and the statements certified by him to the medical examiner, both of which were filed in the supreme secretary’s office, were made a part of the contract. The application contained the following:
“I have no injury or disease which will tend to shorten my life. Am now in good health. * * * I…
2Cases cited5 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
- People, Ex Rel. Newcomb v. . McCallNew York Court of Appeals · 1884
3Cited by3 opinions
- Dougherty v. Metropolitan Life InsuranceNew York Supreme Court · 1895
- Levell v. Royal ArcanumThe Superior Court of the City of New York and Buffalo · 1894
- Levell v. Royal ArcanumThe Superior Court of New York City · 1894