Legal Opinion

Trudden v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1900PublishedCited by 5 opinions

Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of the Municipal Court of the city of New Y orle, borough of Queens, first district, in favor of the plaintiff.

1Opinion of the Court

Hatch, J.:

This action is brought to recover upon a policy of life insurance issued by the defendant upon the life of George Hayes. The answer, among other things, avers a breach of warranty in the representations and answers in the application made by the said Hayes, upon which the defendant acted and relied in issuing its policy of insurance, and which formed a part of the contract between the defendant and the insured. The specific things wherein it is *474claimed that there was breach of warranty by the insured are in representing that he had never had disease of the kidneys, that at the date…

2Cases cited3 opinions

  1. Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
  2. Dougherty v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  3. Kipp v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by5 opinions

  1. Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
  2. Gulf, C. &. S. F. Ry. Co. v. YoungCourt of Appeals of Texas · 1926
  3. Trudden v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  4. Trudden v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  5. Pearl v. Metropolitan Life Ins.Appellate Terms of the Supreme Court of New York · 1913

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