Jeffrey v. United Order of the Golden Cross
Supreme Judicial Court of Maine
On motion by defendant. Motion sustained. Verdict set aside. This was an action of debt on a certificate of insurance issued by the defendant society to Lizzie M. Jeffrey, on November 17, 1899, for the sum of two thousand dollars. The deceased died November 19, 1900, from cancer of the stomach, as alleged by the defendant. The case was tried at the January term, 1902. The jury returned a verdict for two thousand one hundred forty-three dollars and sixty-two cents.
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On motion by defendant. Motion sustained. Verdict set aside. This was an action of debt on a certificate of insurance issued by the defendant society to Lizzie M. Jeffrey, on November 17, 1899, for the sum of two thousand dollars. The deceased died November 19, 1900, from cancer of the stomach, as alleged by the defendant. The case was tried at the January term, 1902. The jury returned a verdict for two thousand one hundred forty-three dollars and sixty-two cents. The case appears in the opinion.
1Opinion of the CourtSavage, J.
The defendant is a fraternal benefit society, doing among other things, a life insurance business. Bolton v. Bolton, 73 Maine, 299. Ón October 80, 1899, Lizzie M. Jeffrey made written application for membership in the defendant society, and for a life insurance therein. In the application she stated generally that she was “in sound bodily health,” and she made answers to certain questions as follows:—
“Have you ever had or been predisposed to any of the following diseases? Dyspepsia?” Ans. “In slight form.” “Piles?” Ans, “In slight form.”
*178“Is there to your knowledge or belief, now existing any…
2Cases cited7 opinions
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Brown v. Metropolitan Life InsuranceMichigan Supreme Court · 1887
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
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3Cited by13 opinions
- Bone v. HayesCalifornia Supreme Court · 1908
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- McEwen v. New York Life InsuranceCalifornia Court of Appeal · 1914
- State Bank & Trust Co. v. Connecticut General Life InsuranceSupreme Court of Connecticut · 1929
- Fitzgerald v. Metropolitan Life InsuranceSupreme Court of Vermont · 1916
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