Legal Opinion

Mitterwallner v. Supreme Lodge, Knights & Ladies of the Golden Star

City of New York Municipal Court

Decided July 1, 1902Published

Appeal from a judgment entered on a verdict, and from an. order denying a motion for a new trial

1Opinion of the CourtSeabury, J.

This action was brought to recover a balance alleged to be due under a “ beneficiary certificate.” The certificate-was issued to the husband of the plaintiff and provided that in the event of his death one thousand dollars should be paid to his wife. The laws of the defendant provided tha^ “ The claims of members committing suicide (sane or insane) shall be paid as follows i If suicide occurs within the period of five years after receiving-a certificate, 25 per cent, of the face value of the certificate shall be paid to the beneficiary or beneficiaries; after five years, and up to ten years,…

2Cases cited3 opinions

  1. Penfold v. . Universal Life Insurance Co.New York Court of Appeals · 1881
  2. Pascekwitz v. RichardsNew York Supreme Court · 1902
  3. Harms v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901

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