Stowell v. American Co-operative Relief Ass'n
New York Supreme Court
Appeal from circuit court, Lewis county. Action by Josephine B. Stowell against the American Co-operative Belief Association.
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Appeal from circuit court, Lewis county. Action by Josephine B. Stowell against the American Co-operative Belief Association. A certificate of membership issued by defendant association, which certified that Oscar Bishop was a member of such association, and that the plaintiff, her heirs and assigns, would be entitled upon his death to the proceeds of one full assessment upon the members of said association, according to its by-laws and regulations, not exceeding $3,000, provided such member should have paid all dues and assessments and complied with all the requirements of such association,…
1Opinion of the CourtMartin, J.
Only two questions are presented on this appeal which bear-upon the plaintiff’s right of recovery, which are: (1) Were the statements contained in the application upon which the certificate in suit was issued, as-to the health of the deceased, untrue? (2) Was there a valid settlement of the plaintiff’s claim? Upon the first question much evidence was given on the trial. The evidence introduced by the defendant tended to show that when such certificate was obtained, and when the application therefor was-made, the decedent was, and for a considerable time prior thereto had been, afflicted with…
Also in this document: Concurrence.
2Cases cited6 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Fisher v. . BishopNew York Court of Appeals · 1888
- Haynes v. . RuddNew York Court of Appeals · 1886
- People v. . SchuylerNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Deutschmann v. Third Avenue RailroadsAppellate Division of the Supreme Court of the State of New York · 1903
- Heath v. Broadway & Seventh Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1890
- Van Orman v. Van OrmanNew York Supreme Court · 1890
- Heath v. Broadway & Seventh Avenue RailroadThe Superior Court of New York City · 1890
- People v. BrowerNew York Supreme Court · 1889