Legal Opinion

Teeter v. . United Life Ins. Assn.

New York Court of Appeals

Decided June 6, 1899PublishedCited by 40 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 11, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was.brought to recover the amount of a policy of life insurance. The facts, so far as material, are stated in the opinion. The answer in this case alleged fraud. (Kley v. Healy, 127 N. Y. 555.) It was not necessary to allege fraud.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 11, 1896, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was.brought to recover the amount of a policy of life insurance. The facts, so far as material, are stated in the opinion. The answer in this case alleged fraud. (Kley v. Healy, 127 N. Y. 555.) It was not necessary to allege fraud. (Armour v. N. E. Ins. Co., 90 N. Y. 455 ; Philb. on Ins. 537 ; Hutcheson v. Johnson, 33 Barb. 392 ; 2 Johns. Ch. 596 ; 2 Cow. 129 ;…

1Opinion of the Court

Parker, Cli. J.

April 4th, 1887, William W. Teeter, of Ithaca, made application to the defendant for a policy of life insurance, and was on that day examined by the defendant’s local examining physician ; the day following, the policy was issued and delivered to Teeter, his wife, this plaintiff, being named therein as beneficiary ; the provisions thereof that are involved in this review are as follows :

“ Conditions.
“ 5th. A failure to comply with the rules of said Association as to payment of assessments shall also render this policy void.
“ Rules.
“ 2nd. Upon the death of any member, the member…

2Cases cited1 opinion

  1. Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890

3Cited by40 opinions

  1. Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
  2. Pacific Mutual Life Insurance v. GalbraithTennessee Supreme Court · 1905
  3. McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
  4. New York Life Ins. Co. v. SeymourCourt of Appeals for the Sixth Circuit · 1930
  5. Great Western Life Ins. v. SnavelyCourt of Appeals for the Ninth Circuit · 1913

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