Appel v. Ætna Life Insurance
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The -¿Etna. Life Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdiet of a jury rendered by direction of the court after a trial at the Monroe Trial Term. The action was commenced on the 29th day of March, 1902, to recover the amount of a twentieth century combination accident policy issued by the defendant to the plaintiff’s intestate.
Read the full summary
Motion by the defendant, The -¿Etna. Life Insurance Company, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdiet of a jury rendered by direction of the court after a trial at the Monroe Trial Term. The action was commenced on the 29th day of March, 1902, to recover the amount of a twentieth century combination accident policy issued by the defendant to the plaintiff’s intestate. At the close of the plaintiff’s evidence the defendant made a motion for a nonsuit, which was denied and an exception was duly taken.…
1Opinion of the Court
McLennan, J.:
The facts are not in dispute, and both parties having moved for the direction of a verdict, and the defendant not having asked to go to the jury upon any question of fact, the plaintiff is entitled to have the evidence construed most favorably to her, and to any inference which may be legitimately drawn therefrom which tends to support the verdict in her favor.
In Thompson v. Simpson (128 N. Y. 270) the head note, we think, states the correct rule as follows : “ The effect of a, request by both parties upon trial of an action for a direction of a verdict in his favor is to clothe…
2Cases cited9 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Feder v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1899
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Bailey v. Interstate Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Rock v. Travelers' Insurance Co.California Supreme Court · 1916
- Linden Motor Freight Co., Inc. v. Travelers Ins. Co.Supreme Court of New Jersey · 1963
- Burr v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1946
- Mansbacher v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1937
27 more not listed; retrieve them via the Exa API.