Numrich v. Supreme Lodge Knights & Ladies of Honor
City of New York Municipal Court
Action by Henry Numrich, Sr., individually, and as guardian of liis children, against The Supreme Lodge Knights and Ladies of Honor. The defendant is a benevolent society created under the laws of the state of Missouri, having subordinate lodges throughout the country.
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Action by Henry Numrich, Sr., individually, and as guardian of liis children, against The Supreme Lodge Knights and Ladies of Honor. The defendant is a benevolent society created under the laws of the state of Missouri, having subordinate lodges throughout the country. On November 23, 1886, Caroline Numrich became a member of Thusnelda Lodge No. 726, located in the city of New York, having previously passed the required medical examination, and having satisfactorily answered the questions put to her in writing by the medical examiner. On the same day the defendant executed and delivered to…
1Opinion of the Court
McAdah, C. J., (after stating the facts.)
The distinction between a warranty and a representation is that the former is contained in and forms part •of the contract, and must be complied with, whether material to the risk or not, while the latter is outside of the contract, and is immaterial, whether it is true or false, unless material to the risk. Chase v. Insurance Co., 20 N. Y. 57; Campbell v. Insurance Co., 98 Mass. 389. The difference between a •certificate of membership in a beneficial association and a life policy is that, in the latter, the rights of the beneficiary are fixed by the…
2Cases cited11 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
- Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
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3Cited by3 opinions
- Crosse v. Supreme Lodge Knights & Ladies of HonorIllinois Supreme Court · 1912
- Van Orman v. Van OrmanNew York Supreme Court · 1890
- Willison v. Jewelers & Tradesmen's Co.City of New York Municipal Court · 1899