Davis v. Supreme Lodge Knights of Honor
Appellate Division of the Supreme Court of the State of New York
• Appeal from trial term, Kings county. Action by Alice A. Davis against the Supreme Lodge Knights of Honor. From a judgment in favor of plaintiff,' and an order denying a new trial, defendant appeals.
1Opinion of the CourtHatch, J.
The purpose of this action is to recover the sum of $2,000, secured to be paid by a benefit certificate issued by the defendant. The issue tendered by the answer was a breach of warranty by the insured in making untme answers in his petition for membership in the defendant, and in his answers given to the physician upon his-medical examination. It is not contended but that the answers given by the insured, in order to procure the issuance of the certificate, constituted a warranty of the truth of all material statements therein, and, if the same be false in a material particular, it avoids…
2Cases cited11 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885
- Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1891
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
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3Cited by1 opinion
- Novak v. Chicago Fraternal Life Ass'nSupreme Court of Kansas · 1932