Valentini v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Cecelia W. Yalentini, from, a judgment of the Supreme Court 'in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of November, 1904, upon the dismissal of the complaint by direction ■of the court after.a trial at the New York Trial Term, and also from ah order entered in said clerk’s office on the 15th day of November, 1904, directing the dismissal of the complaint upon the merits.
1Opinion of the Court
Hatch, J.:
The action was brought to recover the'sum of $1,000 upon a> policy of life insurance issued by the defendant on the life of Harry Joseph Valentini in .which 'the plaintiff, his mother, was named as' beneficiary. The complaint averred the-making of the policy, a copy-of which was attached to and made a part of the complaint, alleged compliance with its terms and conditions, the death of the insured, demand of payment, and refusal on the part of the defendant to pay. The defendant alleged, inter alia, a breach of warranty in answers given to questions propounded to the. insured at the…
2Cases cited8 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- Dougherty v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by5 opinions
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- Krauza v. Golden Seal Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1927
- Tunnard v. Supreme Council of Royal ArcanumAppellate Division of the Supreme Court of the State of New York · 1922
- Fletcher v. Bankers Life InsuranceNew York Supreme Court · 1909