Sternaman v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 5, 1900, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover the sum of $1,000 alleged to be due on a policy of insurance issued by the defendant to the plaintiff, as beneficiary, upon the life of her husband, George H. Sternaman.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 5, 1900, affirming a judgment in favor of defendant entered upon a verdict directed by the court. This action was brought to recover the sum of $1,000 alleged to be due on a policy of insurance issued by the defendant to the plaintiff, as beneficiary, upon the life of her husband, George H. Sternaman. The policy recites that the promise to insure was made in consideration of the statements contained in the application, all of which are referred to as warranties-and made a…
1Dissent
Parker, Ch. J.
(dissenting). The decision about to be made is an unusually interesting one because it introduces a new feature into the law of contracts by which persons of sound and open minds and honest purposes are cut off in one direction from freedom of contract, in that they may not agree that an intermediary shall for all purposes of the contract be deemed the agent of one of the parties if some court be of the opinion that' he was the agent of the other; and this is to be held notwithstanding this court, in Allen v. German Am. Ins. Co. (123 N. Y. 6,13), in speaking of a similar…
2Cases cited12 opinions
- New York Life Insurance v. FletcherSupreme Court of the United States · 1886
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Allen v. German American InsuranceNew York Court of Appeals · 1890
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
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