Newton v. . Mutual Benefit Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term, denying a motion for a new trial. (Reported below, 15 Hun, 595.). This action was upon a policy of life insurance issued by defendant upon the life of Henry C. Ross, for the benefit of his wife, plaintiff’s intestate.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term, denying a motion for a new trial. (Reported below, 15 Hun, 595.). This action was upon a policy of life insurance issued by defendant upon the life of Henry C. Ross, for the benefit of his wife, plaintiff’s intestate. The policy contained conditions avoiding it if the' insured should “ die by his own hand,” or if the statements in the application should be found to be in any respect untrue. The facts appearing on the trial are set forth sufficiently in the opinion.…
1Opinion of the CourtRapallo, J.
We think that there was sufficient evidence, tending to show that Henry C. Boss was insane at the time he committed suicide, to require the submission of that question to the jury. Without referring to the evidence in detail, our conclusion is that although it might have required the jury to find that Boss was aware when he took the laudanum that it would terminate his life, yet it would also have justified a finding that he acted under the control of an insane impulse caused by disease, and derangement of his intellect, which deprived him of the capacity of governing his own conduct in…
2Cases cited1 opinion
- Van Zandt v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1873
3Cited by12 opinions
- Tate v. CanonicaCalifornia Court of Appeal · 1960
- Exxon Corporation v. BrecheenTexas Supreme Court · 1975
- Claim of Delinousha v. National Biscuit Co.New York Court of Appeals · 1928
- Voris v. Texas Employers Ins. Ass'nCourt of Appeals for the Fifth Circuit · 1951
- Scarth v. Security Mutual Life SocietySupreme Court of Iowa · 1888
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