Levell v. Royal Arcanum
The Superior Court of New York City
Action by the plaintiff as the beneficiary in a policy issued by the defendant, a benevolent organization. Defense, breach of warranty.
1Opinion of the CourtMcAdam, J.
The defendant, a benevolent corporation, introduced a temperance feature into its organization, and § 272 of its bylaws provides that “applications shall not be received from barkeepers,” etc. In furtherance of this view, the applications for membership require the applicant to answer a series of questions, among which are the following, Do you use alcoholic or other stimulants ? Are you now or have you ever been engaged 'in the manufacture or sale of intoxicating liquors?” , To both of these, questions the applicant answered “ No.9’
In the application the applicant further declared: “I am…
2Cases cited8 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
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