Bradley v. . the Mutual Benefit Life Ins. Co.
New York Court of Appeals
Appeal from the judgment of General Term of the Supreme Court, in the first judicial district, affirming the decision of the Special Term, dismissing the complaint and ordering judgment in favor of the defendant, for $419.06 costs and disbursements. [This action was brought upon a policy of insurance made by the defendant upon the life of M. J. Cluff, and assigned by him to B. E. Clark & Co., with defendant’s consent, and subsequently assigned to B. E. Clark.
Read the full summary
Appeal from the judgment of General Term of the Supreme Court, in the first judicial district, affirming the decision of the Special Term, dismissing the complaint and ordering judgment in favor of the defendant, for $419.06 costs and disbursements. [This action was brought upon a policy of insurance made by the defendant upon the life of M. J. Cluff, and assigned by him to B. E. Clark & Co., with defendant’s consent, and subsequently assigned to B. E. Clark. Cluff died on the 25th of February, 1864, on a plantation hired and occupied by him, in Louisiana, having been shot by one Cox. The Cox…
1Opinion of the CourtBatallo, J.
The question directly presented by this appeal is whether, upon the evidence adduced at the trial, any question of fact arose which should have been submitted to the jury.
The counsel for the plaintiff insisted that, whether Cluff cyme to his death under such circumstances as to defeat a 'recovery, was a question for the jury, and also requested the court to submit to the jury the question whether the death of Cluff was a reasonable, rightful or excusable result of any known violation of law by him. But the court declined to submit that question to the jury, and decided that there was no…
2Cases cited2 opinions
- Overton v. St. Louis Mutual Life InsuranceSupreme Court of Missouri · 1866
- Wales v. ChamblinSupreme Court of Missouri · 1854
3Cited by39 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Bloom v. Franklin Life InsuranceIndiana Supreme Court · 1884
34 more not listed; retrieve them via the Exa API.