Fischer v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered. February 27, 1899, which reversed a judgment in favor of" defendant- entered upon a verdict and an order denying a, motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered. February 27, 1899, which reversed a judgment in favor of" defendant- entered upon a verdict and an order denying a, motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence was competent under the pleadings.' The plaintiff by her allegation of performance, raised the issue that all required conditions had been performed. The defendant was entitled, under its' denial of this, to show that the…
1Opinion of the CourtWerner, J.
This action was brought to recover upon a policy of insurance of $1,000.00 issued .by the defendant January 22nd, 1895, upon the life of Wilhelm Fischer, payable to the plaintiff. The insured died February 7th, 1897. Proofs of loss in due form were delivered to the defendant, which were refused and thereupon this- action was commenced. A copy of said policy was made a part of the complaint, and plaintiff alleged full performance of all the conditions therein contained. The answer admitted the issuance of the policy, denied the performance of its conditions by the insured, and alleged, as a…
2Cases cited1 opinion
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
3Cited by16 opinions
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- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
- Salzman v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1947
- Hall v. GraysAppellate Division of the Supreme Court of the State of New York · 1929
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