Foley v. . Royal Arcanum
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered Hay 31, 1894, which affirmed a judgment in favor of defendant entered upon a dismissal of plaintiffs complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered Hay 31, 1894, which affirmed a judgment in favor of defendant entered upon a dismissal of plaintiffs complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in holding that the contract of insurance, to wit, the benefit certificate, expressed a warranty of the truth of the statements in the application, and not submitting to the jury their materiality. (Moulor v. A. L. Ins. Co., 111 U. S. 335 ; Britton v. Royal…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount alleged to be due upon a benefit certificate.
The defendant is a fraternal beneficiary society and as such issued to Jeremiah B. Foley a benefit certificate for $3,000, piayable upon his death to his widow. The certificate was issued on the 5th day of Apnil, 1890, and Foley died on the 14th day of July thereafter, leaving the pfiaintiff, his widow, him surviving. The defense, interposed was misrepresentations as to his physical condition and breach of warranties with reference thereto.
The representations complained of were to the effect that he had…
2Cases cited6 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- McKinney v. Grand Street, Prospect Park & Flatbush RailroadNew York Court of Appeals · 1887
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Rosseau v. . BleauNew York Court of Appeals · 1892
- Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879
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3Cited by24 opinions
- Clary v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1913
- People v. . AustinNew York Court of Appeals · 1910
- Supreme Lodge, Knights of Pythias v. MeyerSupreme Court of the United States · 1905
- Metropolitan Life Insurance v. WillisIndiana Court of Appeals · 1906
- Western Travelers' Accident Ass'n v. MunsonNebraska Supreme Court · 1905
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