Walsh v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Esther Walsh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 14th day of April, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term.
1Opinion of the Court
Chase, J.:
This is an action on a policy of life insurance. On this appeal the plaintiff is entitled to the benefit of every fact that the jury could have found from the evidence given and to every legitimate inference warranted by the proofs. (Sergent v. Liverpool of London & Globe Ins. Co., 155 N. Y. 349 ; Sundheimer v. City of New York, 176 id. 495; McDonald v. Metropolitan St. R. Co., 167 id. 66.)
On the 7th day of February, 1890, one Mary Brennan, then residing with the plaintiff, made application to the defendant for a policy of insurance of $500 on the life of her uncle, Edward Brennan.…
2Cases cited6 opinions
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Stewart v. . Union Mutual Life Ins. Co.New York Court of Appeals · 1898
- Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898
- Board of Health v. . CopcuttNew York Court of Appeals · 1893
- Steinbach v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by2 opinions
- Sherry v. Federal Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Raab v. National Slavonic Society of United StatesAppellate Terms of the Supreme Court of New York · 1915