Janneck v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
•Appeal by the defendant, ■ the Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Monroe on the 15th day of July, 1896, upon the verdict of a jury for $1,081.50, and also from an order entered in said clerk’s office on the 14th day of July, 1896, denying the defendant’s motion for a new trial made upon a case containing.exceptions.
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•Appeal by the defendant, ■ the Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Monroe on the 15th day of July, 1896, upon the verdict of a jury for $1,081.50, and also from an order entered in said clerk’s office on the 14th day of July, 1896, denying the defendant’s motion for a new trial made upon a case containing.exceptions. On the 5th- day of July, 1890, the defendant issued its policy of insurance No. 64059a, in consideration of nine dollars and ten cents then paid, and nine…
1Opinion of the Court
Hardin, P. J.:
When the defendant issued its policy, an application for the same, in writing, was made, and a statement was made to the medical examiner in answer to questions propounded. to him. Question 7 and the answers thereto were as follows: “ 7. To what daily or other extent do you use * * • * alcoholic stimulants ? A. Yes, moderately. Q. Wine or malt liquors? A. Yes, moderately.”
Defendant predicates its defense upon the language of a clause in the policy which reads as follows : “ Should the life insured be convicted of a felony, or become so intemperate as to impair his *516health or…
2Cases cited2 opinions
- Aetna Life Ins. Co. v. DaveySupreme Court of the United States · 1887
- Crawford v. Mail & Express Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1896