Terwilliger v. Industrial Ben. Ass'n
New York Supreme Court
Appeal from circuit court, Cayuga county. Action by Ella Terwilliger against the Industrial Benefit Association. From a judgment- entered on a verdict in favor of plaintiff, and from an order denying a new trial, made on the minutes, defendant appeals.
1Opinion of the CourtHaight, J.
This action was brought to recover the amount due upon two certificates of membership issued by the defendant to Michael Daly, in his lifetime, in which the plaintiff was named as the beneficiary. The answer, among other things, alleged that *939the application for said certificates made by Daly contained false-answers with reference to his bodily condition and health, and as-to his age. The only question which we here feel called upon to consider is that pertaining to his age. In his first application for membership, made in March, 1891, he stated the date of his birth to have been January 12,…
2Cases cited7 opinions
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Smith v. National Benefit SocietyNew York Court of Appeals · 1890
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
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3Cited by3 opinions
- Barnett v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1904
- De Crano v. MooreNew York Supreme Court · 1900
- In re the Judicial Settlement of the Estate of SmithNew York Surrogate's Court · 1896