Clemans v. Supreme Assembly Royal Society of Good Fellows
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 11, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 11, 1891, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action upon a benefit certificate of membership issued by defendant, a mutual co-operative insurance association, to Patrick Durnin, and was brought by his daughter, defendant having, after due and satisfactory proof of death, refused payment. The defense relied on was a breach of warranty, i. e., that the deceased, in his application…
1Per curiam
The uncontradicted evidence in this cáse clearly showed that the assured, just prior to June 20, 1887, applied for insurance, by means of a written application signed by him, to the Prudential Life Insurance Company of America, and on that date his application was rejected by that company.
The learned court found that the assured made no false statements in his application for insurance to the company defendant. In such last-mentioned application he stated, in answer to questions asked therein, that he had applied to another insurance company for insurance, but had not been rejected. That this…
2Cases cited3 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
3Cited by34 opinions
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Iverson v. Metropolitan Life Etc. Co.California Supreme Court · 1907
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
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