Hamilton v. Fidelity Mut. Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by Lucie Hamilton against the Fidelity Mutual Life Asso- ' ciation of Philadelphia, Pa., upon a life insurance policy. Judgment for plaintiff, and defendant appeals. Beversed. Verdict for $2,213.33 taken for the plaintiff at a trial term in Erie county. Motion for a new trial on the minutes denied. Appeal from the order denying the motion and from the judgment entered upon the verdict.
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Appeal from trial term, Erie county. Action by Lucie Hamilton against the Fidelity Mutual Life Asso- ' ciation of Philadelphia, Pa., upon a life insurance policy. Judgment for plaintiff, and defendant appeals. Beversed. Verdict for $2,213.33 taken for the plaintiff at a trial term in Erie county. Motion for a new trial on the minutes denied. Appeal from the order denying the motion and from the judgment entered upon the verdict. Action to recover upon a certificate of membership in the defendant, issued by it on the 9th day of January, 1895, in consideration of $11.26 paid that day, and…
1Opinion of the CourtHardin, P. J.
The defendant was organized under and in pursuance of the laws of Pennsylvania, and is known as a co-operative assessment company, and it had in the yea? 1895 numerous by-laws. In the eleventh answer made in .the application, James Hamilton states that he did not use, and never had used, spirits, wines, malt liquors, or *528narcotics, except that he used two or three glasses of beer a day; and he, in effect, also stated that he had always been temperate and sober; Defendant called a large number of witnesses, who testified to the intemperate habits of the insured. The witness Eochvot, a justice…
2Cases cited11 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Maier v. Fidelity Mut. Life Ass'nCourt of Appeals for the Sixth Circuit · 1897
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3Cited by2 opinions
- Sternaman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Hamilton v. Fidelity Mutual Life Ass'n, of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902