Preuster v. Supreme Council of Order of Chosen Friends
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1891, which reversed an order of Special Term granting a new trial, and directed judg ment in favor of defendant upon a verdict directed by the court. This was an action by plaintiff as the beneficiary named in a certificate of membership issued by defendant, a fraternal assessment association, to O. C. Beim.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1891, which reversed an order of Special Term granting a new trial, and directed judg ment in favor of defendant upon a verdict directed by the court. This was an action by plaintiff as the beneficiary named in a certificate of membership issued by defendant, a fraternal assessment association, to O. C. Beim. The certificate provided that $2,000 should, hi case of Heim’s death, he paid to plaintiff “ in the manner and subject to the conditions…
1Opinion of the CourtFinch, J.
That the right of Beim, under whose certificate the plaintiff claims, to membership in the order defending was liable to forfeiture for his false statement of his age is well established by the proofs. Without reference to the baptismal certificate, held to be incompetent as evidence, there was enough to show that while representing himself at the time of his application to be sixty years of age, he was in fact at least sixty-one. TJpon a question of life insurance, the age of the applicant is always more or less material because it is necessarily a prominent factor in the risk assumed. While…
2Cited by4 opinions
- Berman v. Fraternities Health & Accident Ass'nSupreme Judicial Court of Maine · 1910
- Krause v. Modern Woodmen of AmericaSupreme Court of Iowa · 1907
- Van Woert v. Modern Woodmen of AmericaNorth Dakota Supreme Court · 1915
- Higgins v. John Hancook Mutual Life Insurance Co.City of New York Municipal Court · 1897