Meacham v. New York State Mutual Benefit Ass'n
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme ■Court in the fourth judicial department, entered upon an order made November 15,1887, which affirmed a judgment in favor ■of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover the' sum of $2,000,' ■claimed to be due upon a certificate or policy of insurance issued upon the life .of Charles E. Hay, then the husband of the plaintiff.
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Appeal from judgment of the G-eneral Term of the Supreme ■Court in the fourth judicial department, entered upon an order made November 15,1887, which affirmed a judgment in favor ■of plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover the' sum of $2,000,' ■claimed to be due upon a certificate or policy of insurance issued upon the life .of Charles E. Hay, then the husband of the plaintiff. The application was made August 12, 1884.; the certificate hears the date of two days later; and on the twenty-third of that month…
1Opinion of the CourtParker, J.
The exception taken to the refusal of the court to nonsuit the plaintiff at the close of the testimony presents the only question reviewable here. Several grounds are assigned for error because of such refusal. By the terms of the contract of insurance the representations and answers of the insured embraced within the application for membership or physician’s certificate are made warranties.. And unless substantially time the policy is invalid. The application contained the following questions and answers: “ Q. Is applicant temperate and correct in his habits? A. Yes. Q. Does applicant…
2Cases cited3 opinions
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Van Zandt v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1873
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
3Cited by8 opinions
- In re EichnerAppellate Division of the Supreme Court of the State of New York · 1980
- Claim of Delinousha v. National Biscuit Co.New York Court of Appeals · 1928
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- Voris v. Texas Employers Ins. Ass'nCourt of Appeals for the Fifth Circuit · 1951
- People v. Fentress, New York County Courts1980
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