McCormick v. Catholic Relief & Beneficiary Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cayuga comity. Action by James McCormick against the Catholic Belief & Beneficiary Association. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtMcLENNAN, J.
The defendant, to establish the falsity of the answer of the insured to the question, “Are you married?” read in evidence the testimony of Catherine Appleby, which was taken on the oth and 6th days of April, 1898, upon commission, before the United States consul and commissioner at Dublin, Ireland. The witness testified, in substance, that she married a Thomas Appleby at West-land Road Chapel, in Dublin, about eighteen -years ago; that his (Thomas Appleby’s) occupation was grocer’s curate; that they lived together four years; that one child was born, about the year 1881, whose name was…
2Cases cited4 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Magner v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1897
- Magner v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Kleinschmidt v. MATTHIEUOregon Supreme Court · 1954
- Peterson v. Baltimore & O. R.District Court, W.D. Pennsylvania · 1947
- Grimaldi v. Associazione Fraterna ItalianaAppellate Terms of the Supreme Court of New York · 1900