Kenyon v. Knights Templar & Masonic Mutual Aid Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme 'Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy or certificate of insurance issued by the defendant.
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Appeal from judgment of the General Term of the Supreme 'Court in the fourth judicial department, entered upon an order made April 17, 1888, which affirmed a judgment in favor of plaintiffs entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action upon a policy or certificate of insurance issued by the defendant. On May 22, 1882, the defendant, in consideration of $16 paid by Alexander M. Kenyon and of the representations made by his application for membership, and subject to the provisions of the by-laws indorsed upon it, delivered to him its insurance…
1Opinion of the CourtBradley, J.
The defense is founded upon the charge that Kenyon, in his application for membership of the defendant, untruly answered some of the questions put to him, and that he ceased before his death to be a member by his failure to pay an assessment as required by the contract of insurance. He undertook that the statements he was called upon to make, and which were contained in his application, should be substantially true. This was part of the contract, and if they or any of them were untrue, there was a breach, of the warranty, which rendered the certificate void. The defendant alleged that his…
2Cases cited11 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- White v. . HoytNew York Court of Appeals · 1878
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- French v. . CarhartNew York Court of Appeals · 1847
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3Cited by106 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
- Stainless, Inc. v. Employers Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1979
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
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