Redmond v. . Industrial Benefit Association
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made IVIay 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover from a mutual or co-operative insurance company, incorporated under chapter 175, Laws of 1883, the amount claimed to be due upon a certificate of membership and life insurance issued by the defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made IVIay 8, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover from a mutual or co-operative insurance company, incorporated under chapter 175, Laws of 1883, the amount claimed to be due upon a certificate of membership and life insurance issued by the defendant. The facts, so far as material, are stated in the opinion. The answers which the insured made in her application to the questions therein put to her,…
1Opinion of the CourtBartlett, J.
The plaintiff is the beneficiary under a policy of insurance issued by the defendant on the life of his mother, Catherine Redmond. The defendant seeks to avoid, liability on the ground that the deceased made false representations in the application for insurance as to her age and physical condition.
It appears that just prior to mating her application for this policy Mrs. Redmond had been insured in the Flour City Life Association and had lost her insurance by the failure of that corporation.
The plaintiff was solicited by the agent of the defendant to have his mother’s insurance transferred to…
2Cases cited1 opinion
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
3Cited by17 opinions
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Binder v. Commercial Travelers Mut. Acc. Ass'n of AmericaCourt of Appeals for the Second Circuit · 1948
- Kundiger v. Metropolitan Life Insurance Co.Supreme Court of Minnesota · 1944
- Massachusetts Mutual Life Insurance v. Board of Trustees of Michigan Asylum for the InsaneMichigan Supreme Court · 1913
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