Klein v. Supreme Council of Loyal Ass'n
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of tbe City Court of tbe city of New York, entered upon a verdict in plaintiff’s favor and from an order denying motion for new trial.
1Opinion of the CourtShearn, J.
Tbis action was brought to recover $1,000, tbe amount for which tbe defendant bad issued its benefit certificate upon the life of Greorge Klein, the husband of tbe plaintiff. Tbe defendant set up as affirmative defenses (1) misrepresentation and fraud by Klein in procuring membership; and (2) suicide or self-destruction. As to tbe first defense, tbe constitution and laws of tbe defendant provided that: “Application shall not be received from a barkeeper or other person who at any time sells or serves intoxicating liquors to be drunk on tbe premises.” It is undisputed that when tbe deceased…
2Cases cited6 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Skinner v. . NormanNew York Court of Appeals · 1901
- Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898
- Mattson v. SamaritansSupreme Court of Minnesota · 1904
- Benard v. Protected Home CircleAppellate Division of the Supreme Court of the State of New York · 1914
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3Cited by3 opinions
- Reser v. Southern Kansas Mutual InsuranceSupreme Court of Kansas · 1939
- Klein v. Supreme Council of the Loyal Ass'nAppellate Terms of the Supreme Court of New York · 1917
- Klein v. Supreme Council of the Loyal Ass'nAppellate Terms of the Supreme Court of New York · 1917