Davis v. Supreme Lodge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Supreme Lodge, Knights of Honor, front a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 7th day of April, 1898, upon the verdict of a jury, and also from an order bearing date the 6th day of April, 1898, and entered in said cleric’s office denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
The purpose of this action is to recover the sum of $2,000, secured to be paid by a benefit certificate issued by the defendant. The issue tendered by the answer was a breach of warranty by the insured in making untrue answers in his petition for membership in the defendant and in his answers given to the physician upon his medical examination. It is not contended but that the answers given by the insured in order to procure the issuance of the certificate constituted a warranty of the truth of all material statements therein; and if the same be false in a material particular it…
2Cases cited9 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- Spencer v. Citizens' Mutual Life InsuranceNew York Court of Appeals · 1894
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3Cited by1 opinion
- Cholet v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1906