Evans v. United States Life Insurance
New York Supreme Court
Appeal from an order of the special term of the second district, substituting "William W. Hebbard as plaintiff, granting him leave to serve an amended complaint, and opening judgments upon terms. This action was commenced in 1874 by William Evans against The United States Life Insurance Company to recover the amount due upon a life policy issued to Samuel W. Leddell upon the life of Charles A. Starr.
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Appeal from an order of the special term of the second district, substituting "William W. Hebbard as plaintiff, granting him leave to serve an amended complaint, and opening judgments upon terms. This action was commenced in 1874 by William Evans against The United States Life Insurance Company to recover the amount due upon a life policy issued to Samuel W. Leddell upon the life of Charles A. Starr. Starr died in 1872, after which Leddell assigned his claim under the policy to the plaintiff. The defense to the action was, that Starr violated the policy by living in places contrary to its…
1Opinion of the Court
'Barnard, P.
If this application is to be subjected to the rules which govern motions for new trials upon the .ground of newly-discovered evidence, it should ■ be denied. Final judgment was entered some ten years ago, before the ■application was made, and nearly nine years after that the newly-discovered evidence was known to the plaintiff’s assignor. Again, the papers are too indefinite in the statement of newly-discovered evidence.
Generally the allegation is that “ some of the officers and employees of the defendant ” informed Edwin Wilcox that the person whose life was insured went South,…
2Cases cited3 opinions
- Godfrey v. . MoserNew York Court of Appeals · 1876
- MacKay v. . LewisNew York Court of Appeals · 1878
- Hiscock v. . HarrisNew York Court of Appeals · 1880
3Cited by1 opinion
- Hogan v. CarrollNew York Supreme Court · 1889