Marshall v. Women's Mutual Insurance
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Mary Marshall against the Women’s Mutual Insurance & Accident Company of North America. The complaint was dismissed upon the ground that the certificate sued upon had been forfeited for non-payment of assessments. From the judgment entered upon the dismissal, the plaintiff appeals.
1Opinion of the CourtFreedman, J.
This action was brought on a certificate of membership. The evidence is uncontradicted that, when the plaintiff took certain steps to have Charles Marshall, whose life had been insured, reinstated, the said Marshall was lying sick in the hospital with the disease from which he subsequently died. That fact was concealed from the defendant. Such concealment avoided whatever was done towards a reinstatement. Upon the whole case there was not sufficient evidence upon which the jury could have found *701that the defendant waived the forfeiture clause. The complaint was properly dismissed, and the…
2Cases cited6 opinions
- Shay v. National Benefit SocietyNew York Supreme Court · 1889
- Knight v. Supreme CouncilNew York Supreme Court · 1889
- Ronald v. Mutual Reserve Fund Life Ass'nNew York Circuit Court · 1889
- Lazensky v. Supreme Lodge K. of HCity of New York Municipal Court · 1888
- Coyne v. New York Longshoremen's Protective Ass'nNew York Court of Common Pleas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Van Dahl v. Sovereign Camp, Woodmen of the WorldNebraska Supreme Court · 1936
- Supreme Lodge of Fraternal Brotherhood v. GrijalvaArizona Supreme Court · 1925