Doty v. New York State Mutual Benefit Ass'n
New York Supreme Court
Appeal from, circuit court, Onondaga county. Action by Clara L. Doty against the New York State Mutual Benefit Association. Judgment was entered in favor of plaintiff upon the verdict of a jury. Defendant appeals.
1Opinion of the CourtMartin, J.
The recovery in this action was founded on a certificate of membership issued by the defendant on the 8th day of September, 1884. It was in the nature of a policy of insurance upon the life of Chauncey E. Doty, and payable on his death to the plaintiff, who was his wife. None of the allegations of the complaint were controverted by the answer, and therefore were taken as true. The only issues in the case were based on the allegations in the answer that Chauncey E. Doty made false statements in his application for such certificate of insurance, and that he concealed facts in relation to his…
2Cases cited5 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Peck v. Equitable Acc. Ass'nNew York Supreme Court · 1889
- O'Brien v. Home Benefit SocietyNew York Supreme Court · 1889
3Cited by1 opinion
- Royal Neighbors of America v. WallaceNebraska Supreme Court · 1902