Higbee v. Guardian Mutual Life Insurance
New York Supreme Court
MOTION for a new trial, by the defendant, on exceptions taken at the Monroe circuit, and ordered to be heard at the General Term in the first instance.
1Opinion of the Court
By the Court,
Talcott, J.
This is an action on a policy of life insurance procured on his own life by George Mulliner, on the 31st day of December, 1869. Mulliner died on the 20th day of April, 1870, from an overdose of laudanum, taken by him to cure a severe headache. The answer alleged that Mulliner, upon his application for a policy, had made certain specific representations, which at the time he knew to be false, and that the facts so knowingly misrepresented were material to the risk. The exceptions to which our attention is called by the counsel for the defendants are of three classes,…
2Cases cited9 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Chase v. . the Hamilton Insurance CompanyNew York Court of Appeals · 1859
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Farmers' Insurance & Loan Co. v. SnyderCourt for the Trial of Impeachments and Correction of Errors · 1836
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3Cited by3 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Dixon v. Travelers Protective Ass'n of AmericaMissouri Court of Appeals · 1938
- Barteau v. Phœnix Mutual Life InsuranceNew York Supreme Court · 1874