Legal Opinion

Butler v. Supreme Council Catholic Benevolent Legion

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 6 opinions

Appeal by the plaintiff, Maria Butler, from a judgment of the> Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 21st day of March, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at. the Kings County Trial Term, and also from an order entered in said clerk’s office on the 16th day of. March,. 1899; denying' the plaintiffs motion for a new trial.

1Opinion of the Court

Woodward, J.:

On the 7th day of June, 1897, Michael C. Butler made application to the Catholic Benevolent Legion, the defendant, for membership in the second grade, through La Fayette Council. In this application he warranted, as true, “ every statement made by me upon this application, and every answer and statement I shall make to the medical examiner.” The constitution and by-laws of the defendant, it is conceded, fix fifty-five years, as the limit beyond which it will not issue its policy of insurance. Mr. Butler, in making his application, stated that “ I was born at Parish Cam, county of…

2Cases cited1 opinion

  1. Egan v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by6 opinions

  1. Specht v. Waterbury Co.New York Supreme Court · 1911
  2. In re the Estate of HohNew York Surrogate's Court · 1933
  3. Kass v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1937
  4. Crowell Corp. v. Baugh & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1932
  5. In re Proving the Last Will & Testament of StrongNew York Supreme Court · 1916

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