Grimaldi v. Associazione Fraterna Italiana

0’Gorman, J.

Plaintiff’s claim for sick benefits is resisted on the ground that h.e obtained admission to the society by false representations. While the evidence offered upon the trial amply supported this defense, the plaintiff was, nevertheless, entitled to recover, inasmuch as there was a waiver on the part of the defendant by its acceptance of dues from the plaintiff, with full knowledge of the falsity of the representations now complained of.

Plaintiff became a member of the defendant association in January, 1898. In June, 1899, he was taken ill, and then informed the president of the…