Gilroy v. Supreme Court Independent Order of Foresters

The opinion of the court was delivered by

Swayze, J.

This is an action upon a benefit certificate on the life of Thomas E. Killoran, for the benefit of his mother, Ellen Gilroy. The defences relied upon are:

First. That within six months after the medical examination of Killoran had been passed, the secretary of the medical board reconsidered it and rejected it.

Second. That Killoran, in his application for membership in the order, falsely represented that his father died of pneumonia, when in fact he died of phthisis.

Third. That the courts of the order decided adversely to the plaintiff’s claim,…