Helwig v. Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The certificate of the physicians given in evidence concludes the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The certificate of the physicians given in evidence concludes the plaintiff. (B. L. T. & S. D. Co. v. K.T. & M. M. A. Assn., 126 N. Y. 450; Ins. Co. v. Newton, 22 Wall. 22.) It was error to strike out on plaintiff’s motion the testimony…
1Opinion of the CourtBradley, J.
The policy of insurance which is the subject of this action, was made upon the application of Richard W. Helwig, August 17, 1887, and by it the defendant upon certain conditions undertook to pay to the plaintiff, his wife, upon his death $5,000. The application was part of the contract and the answers by him to defendant’s medical examiner were in continuation of the application, and were warranted by the insured to be true. Amongst those questions and answers were the following: “ Wllen last attended by physician and cause % 6 years ago, measles. Name and address of the physician % Dr.…
2Cases cited2 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
3Cited by4 opinions
- Metropolitan Life Insurance v. RutherfordSupreme Court of Virginia · 1900
- Demann v. Eighth Ave. R.New York Court of Common Pleas · 1894
- Kantrowitz v. LevinNew York Court of Common Pleas · 1895
- Alger v. Metropolitan Life InsuranceNew York Supreme Court · 1895