Buffalo Loan, Trust & Safe-Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'n
New York Supreme Court
Appeal from circuit court, Erie county. Action by the Buffalo Loan, Trust & Safe-Deposit Company, as guardian of Frank Roberts, upon a certificate of insurance on the life of John Roberts issued by the Knights Templar & Masonic Mutual Aid Association. There was a verdict for plaintiff. From the judgment entered thereon, defendant appeals.
1Opinion of the CourtCorlett, J.
In June, 1879, John Roberts became a member of defendant, which issued to him a certificate to the effect that it would pay to said Roberts, his heirs, executors, or administrators, the sum of $5,000 within 69 days after notice and satisfactory proof of his death. Roberts died in January, 1885, leaving one son, Frank Roberts, his only heir. Proof of death was furnished to the defendant; and, in the certificate of the physician who attended him was the statement that John Roberts died from delirium tremens, which, if true, would have avoided the policy. The company refused to pay, and soon…
2Cases cited1 opinion
- Goldschmidt v. . Mutual Life Ins. Co.New York Court of Appeals · 1886
3Cited by3 opinions
- Omaha & Council Bluffs Street Railway Co. v. JohnsonNebraska Supreme Court · 1922
- Brotherhood of Painters, Decorators & Paperhangers of America v. BartonIndiana Court of Appeals · 1910
- Muller v. Orden GermaniaThe Superior Court of the City of New York and Buffalo · 1892