Garrett v. Supreme Tribe of Ben Hur — 245 N.Y. 644

Majority

p. 644

Margaret Garrett, Respondent, v. Supreme Tribe of Ben Hur, Appellant.

(Argued June 22, 1927;

decided July 20, 1927.)

Headnote

Benefit associations — insurance — action to recover upon certificate of life insurance — defense of misrepresentation in application.

Garrett v. Supreme Tribe of Ben Hur, 219 App. Div. 413 , affirmed.

Appeal from a judgment, entered January 12, 1927, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a

p. 645

judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover upon a certificate of life insurance issued by defendant, a fraternal benefit association. The defense was that in the application for insurance deceased misrepresented the date when he had last consulted a physician.

Irving W. Cole and John J. Brown for appellant.

Ruth Van Norman and Wallace Thayer for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg and O’Brien, JJ. Absent: Andrews, J.