Maloney v. Northwestern Masonic Aid Ass'n
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Margaret Maloney, for a new trial upon a case containing exceptions, ordered to be heard at the General Term in the first instance upon the verdict of a jury in favor of the defendant, rendered by direction of the court after a trial at the Erie Circuit on the 24th day of September, 1895.
1Opinion of the Court
Ward, J. :
This action was brought to recover $2,000 and interest upon a policy of insurance issued by the defendant, a corporation transact*576ing its business at Chicago, Illinois, upon the life of the plaintiff’s son, Simon Maloney. The policy was made payable, in case of the death of the son, to his mother, the plaintiff. Pursuant to the rules of the defendant, an application was made for this insurance by Simon Maloney to the defendant, dated the 26tli of February, 1894, and in writing, which contained an agreement that all the statements made in the application were material and were…
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