Legal Opinion
Kwiatkowski v. Brotherhood of American Yeomen
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1926PublishedCited by 1 opinion
1Opinion of the CourtCrouch, J.
The action is on a membership certificate in a fraternal benefit society. The defense is a breach of warranty. In the written application, signed by the insured, in reply to a question as to how many children she had had, the answer “ three ” appears. The insured in fact had had seven children.
On the trial evidence was given over defendant’s objection and exception tending to show that the medical examiner never in J fact asked the question, consequently that the insured did not make the false answer, and that the answer as it appears in the application Was solely the act of the medical…
2Cases cited19 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Miller v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1887
- Stanulevich v. . St. Lawrence Life AssociationNew York Court of Appeals · 1920
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3Cited by1 opinion
- Blatz v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1947