Hamilton v. Fidelity Mutual Life Ass'n
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The Fidelity Mutual Life Association of Philadelphia, Pennsylvania, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 27th day of May, 1897, for $2,213.33, and also from an order entered in said clerk’s office'on the 5 th day of June, 1897, denying the defendant’s motion fora new trial made upon the minutes.
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■ Appeal by the defendant, The Fidelity Mutual Life Association of Philadelphia, Pennsylvania, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 27th day of May, 1897, for $2,213.33, and also from an order entered in said clerk’s office'on the 5 th day of June, 1897, denying the defendant’s motion fora new trial made upon the minutes. This action was brought 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 premiums…
1Opinion of the Court
Hardin, P. J.:
The defendant was organized under and in jmrsuance of the laws of Pennsylvania, and is known as a co-operative assessment company, and it had in the year 1895 numerous by-laws.
In the, lltli answer made in the application, James Hamilton states that he did not use and never had used spirits, wines, malt liquors or narcotics, 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…
2Cases cited7 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
- Bernard v. United Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by5 opinions
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
- Sternaman v. Metropolitan Life Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1900
- 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
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902