Willison v. Jewelers & Tradesmen's Co.
City of New York Municipal Court
Appeal from a judgment, entered upon a verdict in favor of the plaintiff, and for an order denying a motion for a new trial. The action was brought on a certificate of insurance, issued to plaintiff by the defendant on the life of a third party.
1Opinion of the CourtO’Dwyer, J.
The constitution and by-laws of the defendant were excluded because not shown to have been brought to the attention of deceased. The policy itsblf provided that the rights given thereby should be subject to the constitution and bylaws. It expressly made the application a part of the policy and the application expressly made the constitution and by-laws, rules and regulations, a part of the policy. The deceased signed the application and it was his duty to know its own contents and he must be presumed to have known that the constitution and by-laws were a part of the policy. But had not this…
Also in this document: Concurrence.
2Cases cited4 opinions
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- May v. New York Safety Reserve Fund SocietyNew York Court of Common Pleas · 1888
- Numrich v. Supreme Lodge Knights & Ladies of HonorCity of New York Municipal Court · 1889
- Syuchar v. Workingmen's Co-op. Ass'nNew York Court of Common Pleas · 1895