Moore v. Mutual Reserve Fund Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, John ‘Moore, and. by the defendant, The Mutual Reserve Fund Life Association,' from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 29th day of December, 1906, upon the decision of the court rendered after a trial at the Chemung Special Term.
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Cross-appeals by the plaintiff, John ‘Moore, and. by the defendant, The Mutual Reserve Fund Life Association,' from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 29th day of December, 1906, upon the decision of the court rendered after a trial at the Chemung Special Term. In February, 1892, the plaintiff took out a policy of life insurance in the defendant company for the sum of $10,000. In-1906, claiming that that policy was procured by fraudulent representations, he claimed the right to rescind the contract,…
1Opinion of the Court
Smith, P. J.:
The finding of fraud by the trial judge is stoutly challenged by the defendant. That finding, is based upon the concealment by the defendant from the plaintiff, both in a personal interview and in its public report, of the existence of a contingent liability of $523,000 for death losses upon the 1st day of Jan nary, 1892. This liability was for losses of which defendant had been notified, in which, however, the proofs of loss had not been filed. The contention of defendant as to this concealment is twofold, first, that this sum was included in an estimated contingent liability of…
2Cases cited6 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Guckenheimer v. . AngevineNew York Court of Appeals · 1880
- Strauss v. Mutual Reserve Fund Life Ass'nSupreme Court of North Carolina · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dornberger v. Metropolitan Life InsuranceDistrict Court, S.D. New York · 1997
- Sabbagh v. Professional & Business Men's Life Ins. Co.South Dakota Supreme Court · 1962
- Dreiling v. Home State Life InsuranceSupreme Court of Kansas · 1973
- Bollenback v. Continental Casualty Co.Oregon Supreme Court · 1966
- Robinson v. Mutual Reserve Life Ins.U.S. Circuit Court for the District of Southern New York · 1910
6 more not listed; retrieve them via the Exa API.