Stowell v. American Co-operative Relief Ass'n
New York Supreme Court
Appeal from a judgment entered on a verdict, and from an order dening a motion for a new trial on the minutes. The action was brought- on a certificate of membership issued by the defendant association, which certified "that Oscar Bishop was a member of such association, and that the plaintiff, her heirs and assigns, would be entitled, upon his death, to the proceeds of one full assessment upon the members of said association according to its by-laws and regulations, not…
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Appeal from a judgment entered on a verdict, and from an order dening a motion for a new trial on the minutes. The action was brought- on a certificate of membership issued by the defendant association, which certified "that Oscar Bishop was a member of such association, and that the plaintiff, her heirs and assigns, would be entitled, upon his death, to the proceeds of one full assessment upon the members of said association according to its by-laws and regulations, not exceeding three thousand dollars, provided such members should have paid all dues and assessments, and complied with all…
1Opinion of the CourtMartin, J.
—Only two questions are presented on this *249appeal which bear upon the plaintiff’s right of recovery, which are:
First. Were the statements contained in the application, upon which the certificate in suit was issued, as to the health of the deceased, untrue ?
Second. Was there a valid settlement of the plaintiff’s claim ?
Upon the first question, much evidence was given on the trial. The evidence introduced by the defendant tended to show that when such certificate was obtained, and when the application therefor was made, the decedent was, and for a considerable time prior thereto had been,…
Also in this document: Concurrence.
2Cases cited38 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
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