Dougherty v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of. the Supreme Court in favor 'of the plaintiff, entered in the office of the clerk of the county of Richmond. on the 1st day of October, 1895, as amended by an order entered in said clerk’s office on the 21st day of October, 1895, upon the verdict, of a jury rendered after a trial at the Richmond Circuit; also from an order entered in said clerk’s office on the 8th day of October, 1895,…
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Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of. the Supreme Court in favor 'of the plaintiff, entered in the office of the clerk of the county of Richmond. on the 1st day of October, 1895, as amended by an order entered in said clerk’s office on the 21st day of October, 1895, upon the verdict, of a jury rendered after a trial at the Richmond Circuit; also from an order entered in said clerk’s office on the 8th day of October, 1895, denying the defendant’s motion for a new trial made upon the minutes, and also from so much of an order made at the Kings…
1Opinion of the Court
Hatch, J.:
Plaintiff is the sister of Francis Farley, deceased. Prior to his death, and on September 28, 1891, she procured Farley’s life to be insured for her benefit, with defendant. Subsequently, and on the' 18th day of April, 1893, she applied for a further insurance upon Farley’s life. The application was accepted, the policy issued and delivered June 19, 1893. Plaintiff has paid premiums upon both policies as required by defendant since their issuance. By the terms of the policy the insured was required to be in sound health at the time of delivery, else it would not take effect. There…
2Cases cited4 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Joy v. . DiefendorfNew York Court of Appeals · 1891
- Spencer v. Citizens' Mutual Life InsuranceNew York Court of Appeals · 1894
- Burns v. . D., L. W.R.R. Co.New York Court of Appeals · 1892
3Cited by14 opinions
- Prudential Insurance Co. of America v. HummerSupreme Court of Colorado · 1906
- Mechanics & Traders Insurance v. HimmelsteinOhio Court of Appeals · 1926
- O'Farrell v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Quinn v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Welling v. Ivoroyd Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1897
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