Legal Opinion

Ferguson v. Massachusetts Mutual Life Insurance

New York Supreme Court

Decided October 15, 1880Published

Appeal from a judgment in favor of the plaintiff, entered upon .a verdict directed by the court, and from an order denying a motion for a new trial, made upon the minutes of the judge before whom the action was tried.

1Opinion of the Court

Talcott, P. J.:

This is an action on a policy of life insurance, issued by the defendant, through its general agent, at Utica, on January 38, 1870.’ The defendant in its aoswer sets up several false and fraudulent representations, made to the defendant in obtaining the policy, ■and also ■ separately sets up certain breaches of warranty as a defense to the action.

The policy of insurance was upon the life of Amos S. Ferguson, -the brother of the plaintiff, and was obtained upon the declaration of the plaintiff, that he had an interest in the life of the said Amos S. Ferguson to the full amount…

2Cases cited9 opinions

  1. Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
  2. Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
  3. Campbell v. . ConsalusNew York Court of Appeals · 1862
  4. Bailey v. . RyderNew York Court of Appeals · 1852
  5. Howard v. Albany InsuranceNew York Supreme Court · 1846

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