Henn v. Metropolitan Life Insurance
Supreme Court of New Jersey
On error to the Supreme Court. This case was tried at the Hudson Circuit and a verdict was found for the plaintiff, and judgment was entered on the verdict by the Supreme Court on the postea filed therein. The suit was upon a policy for $3,000, issued by the defendant on the life of Frederick Henn, the husband, of the plaintiff, for the benefit of the plaintiff.
1Opinion of the Court
*311The opinion of the court was delivered by
Fort, J.
The defence in this case was based upon an alleged breach of warranty. The effort on the part of the defendant was to show that the insured had answered certain questions in such a way as to cause the breach. Forfeitures are not favored in the law, and, if by any intendment, a ground can be found to defeat them, the court will apply it. Hampton v. Hartford Insurance Co., 36 Vroom 265.
The main contention for reversal is that the trial court refused to direct a verdict for the defendant.
The application for such direction was based on the alleged…
2Cases cited7 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Continental Casualty Co. v. OwenSupreme Court of Oklahoma · 1913
- Ettelson v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1947
- Metropolitan Life Insurance v. JohnsonIndiana Court of Appeals · 1911
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- Dimick v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1903
11 more not listed; retrieve them via the Exa API.