Jacobs v. Northwestern Life Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Northwestern Life Assurance Company, from a judgment of the Supreme Court iii favor of the plaintiff,' entered in the office of the clerk of the county of Orange on the :15th day of November, 1897, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 11th day of November, 1897, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J. :
This action is brought to recover the amount of a policy of insurance upon the life of Gilbert E. Jacobs. • The sole defense actually .litigated on the trial was the falsity of the answer of the deceased to a certain question contained in his application for insurance. The question was : “ Has. any proposal or application to insure your life ever been made to any Company, or Agent, upon which you have been rejected, or upon which a policy has not been issued and received by you? If so, state what companies and when?” In the application the .written answer to this question is,…
2Cases cited5 opinions
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
- Clemans v. Supreme Assembly Royal Society of Good FellowsNew York Court of Appeals · 1892
- Goldschmidt v. . Mutual Life Ins. Co.New York Court of Appeals · 1886
- Peters v. United States Industrial InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Spring v. Chautauqua Mutual Life Ass'nNew York Supreme Court · 1891
3Cited by4 opinions
- Keck v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Hook v. Michigan Mutual Life InsuranceNew York Supreme Court · 1904
- Hamilton v. Fidelity Mutual Life Ass'n, of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902