Stein v. New York Life Insurance

Opinion by

Mr. Justice Schaffer,

This is an action on a policy of life insurance. The trial court gave binding instructions in plaintiff’s favor. On appeal to the Superior Court, it affirmed the judgment of the court of first instance. We allowed an appeal.

The policy sued upon is for $2,000. It was issued upon the life of Kate Stein. The question at issue is whether the application attached to the policy was for that policy or for another of $4,000. Both courts held that the application did not relate to the policy sued upon, that the application for it was an oral one. With this conclusion we…