O'Farrell v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ann O’Farrell, as administratrix, etc., of Patrick O’Farrell, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 24th day of April, 1897, upon the dismissal of the complaint directed after a trial at the Dutchess County Trial Term.
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Appeal by the plaintiff, Ann O’Farrell, as administratrix, etc., of Patrick O’Farrell, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 24th day of April, 1897, upon the dismissal of the complaint directed after a trial at the Dutchess County Trial Term. The action was brought to recover upon an insurance policy issued by the defendant upon the life of the plaintiff’s intestate, and payable to his personal representative.
1Opinion of the Court
Hatch, J.:
The claim upon the part of the plaintiff, that the defendant held the burden of proof, and was bound to establish affirmatively that there was a breach of warranty which avoided the policy, is probably correct. (Spencer v. C. M. L. Ins. Assn., 142 N. Y. 505; Dougherty v. Metropolitan Life Ins. Co., 3 App. Div. 313.) The point, however, is not now available to the plaintiff, as no exception was taken to the ruling, and in pursuance of a suggestion by the court the plaintiff assumed the burden of establishing that there had been no breach of warranty, and must now stand or fall upon…
2Cases cited7 opinions
- Dutton v. . WillnerNew York Court of Appeals · 1873
- Spencer v. Citizens' Mutual Life InsuranceNew York Court of Appeals · 1894
- Dougherty v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Sprague v. . Holland Purchase Ins. Co.New York Court of Appeals · 1877
- Bernard v. United Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Tooker v. Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Clover Crest Stock Farm, Inc. v. Wyoming Valley Fire InsuranceNew York Supreme Court · 1919
- Reilly v. Empire Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Tooker v. Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
7 more not listed; retrieve them via the Exa API.