
    Margaret Garrett, Respondent, v. Supreme Tribe of Ben Hur, Appellant.
    (Argued June 22, 1927;
    decided July 20, 1927.)
    
      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 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.  