Waltz v. Workmen's Sick & Death Benefit Fund
City of New York Municipal Court
Action by plaintiff to recover from the defendant, a fraternal association, a death benefit arising under and by virtue of a certificate of membership issued by defendant.
1Opinion of the CourtGreen, J.
This action was brought by the plaintiff to recover from the defendant, a fraternal association, a death benefit arising under and by virtue of a certificate of membership issued by the defendant to the plaintiff’s intestate, her husband. The defense of the defendant is based on alleged fraud, and the claim is made that the plaintiff is not entitled to recover by reason of the fact that plaintiff’s intestate in his application for membership alleged that he was forty-two years of age, wheréas in truth and fact at the time when he signed the application he was forty-five years, seven months…
2Cases cited8 opinions
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Harris v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1876
- Powell v. F. C. Linde Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1912
- Meehan v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by1 opinion
- DeLoach v. Ozark Mutual Life InsuranceSupreme Court of Arkansas · 1921