Genung 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 Dutchess on the 30th day of August, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 22d day of August, 1900, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J. :
Mary'E. Genung, widow of Lewis White Genung, of Johnsville, this State, brings this action to recover upon a policy of insurance written by the Metropolitan Life Insurance Company for $2,000 upon the life of her husband, and for her benefit. The defendant claims that the policy was never delivered by it; that no first premium was ever received by it, and that, consequently, the contract of insurance never had an inception. It is also urged that the plaintiff’s husband was guilty of breaches of warranties. Upon the trial of the action the learned court submitted certain specific…
2Cases cited4 opinions
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Carr v. . CarrNew York Court of Appeals · 1873
- Tooker v. Security Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Travelers' Insurance v. PomerantzNew York Supreme Court · 1924
- Krauza v. Golden Seal Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1927
- Jennings v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Valentini v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
- Carr v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1906
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