Fitzgerald v. Supreme Council of the Catholic Mutual Benefit Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Fitzgerald, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oswego on the 21st day of January, 1898, upon the verdict of a jury rendered by direction of the court. The action was commenced on the 8th day of June, 1896, to recover upon a certificate or policy of insurance bearing date on the 5th day of October, 1894, which was issued by the defendant to one Francis Fitzgerald.
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Appeal by the plaintiff, Michael Fitzgerald, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oswego on the 21st day of January, 1898, upon the verdict of a jury rendered by direction of the court. The action was commenced on the 8th day of June, 1896, to recover upon a certificate or policy of insurance bearing date on the 5th day of October, 1894, which was issued by the defendant to one Francis Fitzgerald. The certificate was in the words and figures following: “No. 53,320. Supreme Council $2,000. OF THE Catholic Mutual…
1Opinion of the Court
McLennan, J.:
Assuming that the answers of the insured to the questions in the application, and in the medical examiner’s report above referred to, were false and untrue, it becomes important to determine whether such answers were warranties or misrepresentations only. If such answers were warranties, then clearly no recovery can be had, and it is of no consequence that the answers were immaterial, or that they were made in good faith. A complete defense is established by proving the answers and their falsity. (1 May Ins. § 156.)
“ A breach of a warranty is equally fatal whether the thing war*256ran…
2Cases cited15 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
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3Cited by9 opinions
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Mutual Life Ins. Co. of New York v. MorganSupreme Court of Oklahoma · 1913
- Jennings v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Merchants Reserve Life Insurance v. RichardsonIndiana Court of Appeals · 1918
- Schane v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
4 more not listed; retrieve them via the Exa API.