Bradley v. Mutual Benefit Life Insurance
New York Supreme Court
One Cluff had a policy of insurance from the defendants on his life, which policy was duly assigned to B. E. Clark & Co., about the time of its making, and afterward by that firm to the testator of the plaintiff, on 10th April, 1861, of which notice was given to the defendants.
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One Cluff had a policy of insurance from the defendants on his life, which policy was duly assigned to B. E. Clark & Co., about the time of its making, and afterward by that firm to the testator of the plaintiff, on 10th April, 1861, of which notice was given to the defendants. The policy contained a clause which made the same void, “ in case the insured should die by his own hand, in or in consequence of a duel, or by reason of intemperance from the use of intoxicating liquors, or by the hands of justice, or in the known violation of any law of these States, or of the United States, or of…
1Opinion of the CourtIngraham, P. J.
There can be no doubt as to the cause of death in this case, or the means by which it was produced; and, so far as this branch of the case was under examination, there was no question of fact involved which required any finding of the jury. That duff was attempting to take possession of the property of Cox, in order to enforce the payment of a debt, and that, while he was engaged in that act, he was shot by the person whose property he was taking, is not disputed.
Two questions, however, are involved in the decision of this case, viz., whether the exception in the policy applies to any other…
2Cases cited5 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Holmes v. BroughtonNew York Supreme Court · 1833
- Cutler v. . WrightNew York Court of Appeals · 1860
- White v. KnappNew York Supreme Court · 1867
- Savage v. O'NeilNew York Supreme Court · 1864
3Cited by2 opinions
- Kennebrew v. Southern Automatic Electric Shock Machine Co.Supreme Court of Alabama · 1894
- Wolff v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1878