Alden v. Supreme Tent of Knights of Maccabees of World
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Cattaraugus county. Action by Bridget Alden against the Supreme Tent of the Knights-of the Maccabees of the World. Verdict directed for defendant, and plaintiff appeals. Reversed.
1Opinion of the CourtWilliams, J.
The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide event. The action was upon an endowment certificate for S-s.ooo, issued to Sterling B. Alden, plaintiff’s husband, by the defendant, in March, 1889. The defense was based upon alleged false and fraudulent statements in the application for the certificate. It was made to the Sandusky tent. May 1, 1888, an application was made to the Johnsonburg tent, and on such former application the medical examiner’s report showed that the action of insured’s heart was unsteady, and thereupon his application was…
2Cases cited1 opinion
- Fitzgerald v. Supreme Council of Catholic Mut. Ben. Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913