Woods v. Sovereign Camp of Woodmen of the World
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sovereign Camp of the Woodmen of the World, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of May, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of May, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
The age of the insured was most material in this case, for only persons between the ages of eighteen and fifty-two were eligible to membership in the defendant, and, in addition, the rate of premiums was graded according to age. In his application the insured stated his age as forty-five. This was in 1913. In the proof of death furnished in 1917 by the plaintiff beneficiary, the daughter of the insured, the age of the insured at his last birthday was stated as sixty-one. “ In the absence of any explanation or other evidence, the statement in the proofs as to the age of deceased…
2Cases cited1 opinion
- Schmitt v. National Life Ass'nNew York Supreme Court · 1895
3Cited by1 opinion
- Home Beneficial Ass'n v. McClainCourt of Appeals of Tennessee · 1935