Tunnard v. Supreme Council of Royal Arcanum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emma K. Tunnard, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 12th day of January, 1920, setting aside the verdict of a jury in favor of the plaintiff and dismissing the complaint, and also from a judgment in favor of the defendant entered in said clerk’s office on the same day upon said order dismissing the complaint.
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Appeal by the plaintiff, Emma K. Tunnard, from an order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of Westchester on the 12th day of January, 1920, setting aside the verdict of a jury in favor of the plaintiff and dismissing the complaint, and also from a judgment in favor of the defendant entered in said clerk’s office on the same day upon said order dismissing the complaint. Order setting aside verdict in plaintiff’s favor and judgment dismissing the complaint unanimously affirmed, with costs, on the opinion of Seeger, J.,…
1Opinion of the Court
The following is the opinion delivered at Trial Term:
Seeger, J.:
This is an action brought to recover upon a policy of life insurance. The defendant denies liability upon the ground that at the time of his application for reinstatement, which was dated March 25, 1918, the insured represented and warranted that he had not “ received medical treatment of any kind within one year next preceding this application for reinstatement.”
The evidence showed that he had called upon Dr. Wolff at his office on February 10, 1918, and “ complained at that time of shortness of breathing, pain in the right arm…
2Cases cited6 opinions
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Cobb v. Covenant Mutual Benefit Ass'nMassachusetts Supreme Judicial Court · 1891
- White v. Provident Savings Life Assurance SocietyMassachusetts Supreme Judicial Court · 1895
- Lewis v. New York Life InsuranceCourt of Appeals of Kansas · 1919
- Valentini v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Malchak v. Metropolitan Life InsuranceNew York Supreme Court · 1929
- Gretsinger v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Suggs v. New York Life Ins. Co.Supreme Court of South Carolina · 1934