Brady v. Industrial Benefit Ass'n
New York Supreme Court
Action by Sarah Brady against Industrial Benefit Association. Plaintiff moves for a new trial on exceptions taken at Cayuga circuit, and ordered to be heard in the first instance at general term, and from an order of thé Monroe special term denying a motion for a new trial on the ground of newly-discovered evidence, plaintiff appeals.
1Opinion of the CourtBradley, J.
The action was brought by the plaintiff as beneficiary of a certificate of membership or policy issued by the defendant to Millard Fiero, October 13, 1890. He died April 12, 1892. The statements and representations of the assured contained in his application of date October 10, 1890, were, by the terms of the certificate and the by-laws of the defendant made the basis and part of the contract of the insurance, and were warranties on his part. Among the interrogatories, and his answers thereto, contained in the application, were the following:
Q. Are you in good health? A. Good. Q. Are you…
2Cases cited4 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
- Carpenter v. CoeNew York Supreme Court · 1873
- Boland v. Industrial Benefit Ass'nNew York Supreme Court · 1893
3Cited by2 opinions
- Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Moran v. FriedmanNew York Supreme Court · 1895