McCormick v. Catholic Relief & Beneficiary Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Catholic Relief and Beneficiary Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 13th day of May, 1898, upon the verdict of a jury, and also from an order bearing date the 12th day of May, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Catholic Relief and Beneficiary Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 13th day of May, 1898, upon the verdict of a jury, and also from an order bearing date the 12th day of May, 1898, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 19th day of July, 1897, to recover the sum of $1,000 upon a certificate or policy of insurance issued by the defendant upon the life of one…
1Opinion of the Court
McLennan, J.:
The defendant, to establish the falsity of the answer of the insured to the question “ Are you manned ? ” read in evidence the testimony of Catherine Appleby, which was taken on the 5th 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 Westland 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…
2Cases cited3 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
3Cited by1 opinion
- Klein v. Supreme Council of the Loyal Ass'nAppellate Terms of the Supreme Court of New York · 1917