Muller v. Orden Germania
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by Louise Muller against the Orden Germania on a certificate of membership issued to her sister. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtMcAdam, J.
The defendant is a benevolent corporation, and the plaintiff the beneficiary named in a certificate of membership therein, issued to her sister, by the terms of which the sum of $1,000, on her death, became payable to the plaintiff. The decedent was admitted to membership December 26, 1888, and died March 24, 1890. In her application for membership she represented herself to be in good health, and not suffering from cancer. It is claimed that there was a breach of the warranty, because it appeared by the certificate of death furnished by Dr. Lewis, her attending physician, on March 24,1890,…
2Cases cited6 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Colegrove v. New York & Harlem RailroadThe Superior Court of New York City · 1857
- Barrick v. AustinNew York Supreme Court · 1855
- Bartholomew v. LyonNew York Supreme Court · 1874
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