Boos v. World Mutual Life Insurance
New York Supreme Court
APPEAL by defendant from a judgment in favor of plaintiff entered upon the verdict of a jury. The action was brought by Peter Boos against The World Mutual Life Insurance Company, upon a policy of life insurance issued by defendant upon the life of Valentine Boos, the father of the plaintiff. The insured died in Germany in February, 1873, of tubercular consumption.
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APPEAL by defendant from a judgment in favor of plaintiff entered upon the verdict of a jury. The action was brought by Peter Boos against The World Mutual Life Insurance Company, upon a policy of life insurance issued by defendant upon the life of Valentine Boos, the father of the plaintiff. The insured died in Germany in February, 1873, of tubercular consumption. The policy was issued in March, 1870. It contained among others the following condition : “That the statements and declarations made in the application therefor, and on the faith of which it is issued, are in all respects true,…
1Opinion of the CourtGilbert, J.
We have not been able to discover any error in the judgment below. The judge, at circuit, gave full and accurate instructions to the jury, and if it was his duty to submit the case to them, their'verdict should not be disturbed.
The case of Smith v. Ætna Life Ins. Co., 49 N. Y. 211, was a case of bare-faced fraud, established by uncontradicted testimony. It is not, we think, a precedent for the determination of this case. Here all the facts in issue were disputed. Taking the testimony of the physicians alone, it might be conceded that the defense was proved. Still it was a case for the jury,…
2Cases cited8 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- The People v. . GonzalezNew York Court of Appeals · 1866
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Joy v. ThompsonMichigan Supreme Court · 1844
- Nelson v. . the PeopleNew York Court of Appeals · 1861
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