O'Brien v. . Home Benefit Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made November 15, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made November 15, 1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought by the administrator of Peter O’Brien, deceased, to recover upon a certificate of membership issued to him, in April, 1884, upon his application, by the defendant as follows: “ This is to certify that Peter O’Brien, of 15 Fayette street, city Albany, state of New York, has paid the sum of twelve…
1Opinion of the CourtEarl, J.
The application for membership taken by the defendant’s agent from O’Brien was signed by his mark. He did not read, and was not able to read it, and it was not read to him; and there was evidence upon the trial that he gave correct answers to all the questions contained in the application, hut that his answers were incorrectly written therein by the agent, without his knowledge or consent. There was also evidence given on the part of the defendant that the answers of O’Brien to the questions put to him were correctly written just as he gave them, and the trial judge submitted to the jury this…
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- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
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