Phillips v. New York Life Insurance
New York Supreme Court
Appeal from circuit court; New York county. Action by Eleanor C. Phillips against the New York Life Insurance Company. There was a judgment in favor of defendant, dismissing the complaint on its merits, and an order denying a motion for a new trial; and plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought by the plaintiff, as widow of one Arthur 0. Phillips, to recover the amount of an insurance upon the life of said Phillips, alleged to have become due upon a policy, issued by the defendants, payable to the plaintiff. In July, 1887, the said Phillips had signed an application for an insurance, and in connection therewith made certain statements and representations which, by the terms of the agreement, he warranted to be full, complete, and true, and that, if any of them should in any respect be untrue, the policy which might be issued upon the application should be…
2Cases cited3 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Goldschmidt v. . Mutual Life Ins. Co.New York Court of Appeals · 1886
3Cited by5 opinions
- McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Hanna v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
- Spencer v. Citizens' Mutual Life InsuranceThe Superior Court of the City of New York and Buffalo · 1893
- Boylan v. Prudential InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Hanna v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1896