Legal Opinion

Walsh v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1905Published

Appeal from Trial Term, Albany County. Action by Esther Walsh against the Metropolitan Life Insurance Company. From a judgment dismissing the complaint, plaintiff appeals. Reversed.

1Opinion of the CourtChase, 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 & London & Globe Ins. Co., 155 N. Y. 349, 49 N. E. 935; Sundheimer v. City of New York, 176 N. Y. 495, 68 N. E. 867; McDonald v. Metropolitan S. R. Co., 167 N. Y. 66, 60 N. E. 282. 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…

2Cases cited8 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  3. Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
  4. Stewart v. . Union Mutual Life Ins. Co.New York Court of Appeals · 1898
  5. Sergent v. Liverpool & London & Globe InsuranceNew York Court of Appeals · 1898

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