Mahaney v. Mutual Reserve Fund Life Ass'n
New York Supreme Court
Appeal from circuit court, Oswego county. Action by Eliza Mahaney against the Mutual Reserve Fund Life Association. Plaintiff obtained judgment. Defendant appeals.
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Appeal from circuit court, Oswego county. Action by Eliza Mahaney against the Mutual Reserve Fund Life Association. Plaintiff obtained judgment. Defendant appeals. The action is upon a certificate of membership, issued by the defendant to Catharine Mahaney, the mother of the plaintiff, on the 9th June, 1885, in and by which it was declared that, within 90 days after receipt of satisfactory evidence of the death of the member, there should be payable to the plaintiff, if she was then alive,—otherwise to the legal representatives of the member,—the sum of $1,000 from the death fund of the…
1Opinion of the CourtMerwin, J.
In the application of Catharine Mahaney for membership in the defendant, it was stated that she was born on the *21410th day. of November, 1834, in the county of Waterford, Ireland, and that her age at next birthday, being November 10, 1885, was 51 years. The court charged the jury that, if the age of the applicant was more than as stated, the plaintiff could not recover. The jury, therefore, in finding for plaintiff, in effect found that the age was correctly started. The main point presented by the appellant upon this appeal is that such finding is against the weight of evidence. The applicant…
2Cases cited4 opinions
- Jackson ex dem. Bogert v. KingNew York Supreme Court · 1825
- Jackson ex dem. Miner v. BonehamNew York Supreme Court · 1818
- Steinhausen v. Preferred Mutual Accident Ass'nNew York Supreme Court · 1891
- Van Voorhis v. BuddNew York Supreme Court · 1863
3Cited by3 opinions
- Layton v. KraftAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of FooteNew York Surrogate's Court · 1957
- Feinman v. United States Grand Lodge Order Brith AbrahamAppellate Terms of the Supreme Court of New York · 1914