O'Brien v. Home Benefit Society
New York Supreme Court
Appeal from circuit court, Albany county. Action by Thomas J. O’Brien, administrator, etc., of Peter O’Brien, de•ceased, against the Home Benefit Society of Hew York, on a certificate of membership issued to plaintiif’s intestate. The defense was that the insured had made false answers to questions in the application relative to his health.
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Appeal from circuit court, Albany county. Action by Thomas J. O’Brien, administrator, etc., of Peter O’Brien, de•ceased, against the Home Benefit Society of Hew York, on a certificate of membership issued to plaintiif’s intestate. The defense was that the insured had made false answers to questions in the application relative to his health. The plaintiff, a son, and Catharine M. O’Brien, a daughter, of deceased, testified that deceased told the agent and medical examiner that he had rheuma"tism, while the latter testified directly to the contrary. Plaintiff introduced the reports made by…
1Opinion of the CourtIngalls, J.
Peter O’Brien became a member of the Home Benefit Society •of Hew York, the defendant herein, on the 25th day of April, 1884, and thereafter, until his death, paid to the society the dues required of him. The society delivered to him the following certificate of membership, which he held .at his decease:
*276“Certificate
“No. 3,261. of $2,000.'
“Division Membership. Age,
“B. 59.
“Assessments, Annual dues, Annual dues are
“$5.50. $5.00. payable semi-annually,
“1st of January and 1st of July in each year
“Home Benefit Life and Accident Society of New York.
“Home Office, 98 Broadway, N. Y.
“This is to certify…
2Cases cited2 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
3Cited by6 opinions
- Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Peck v. Equitable Acc. Ass'nNew York Supreme Court · 1889
- Martin v. Equitable Accident Ass'nNew York Supreme Court · 1890
- Doty v. New York State Mutual Benefit Ass'nNew York Supreme Court · 1890
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