Penfold v. . Universal Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 6,1881, affirming a. judgment in favor of plaintiff entered upon a verdict. This action was upon a policy of insurance issued by defendant, on the life of William Penfold, husband of the plaintiff, for her benefit. The material facts are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 6,1881, affirming a. judgment in favor of plaintiff entered upon a verdict. This action was upon a policy of insurance issued by defendant, on the life of William Penfold, husband of the plaintiff, for her benefit. The material facts are set forth in the opinion. It being conclusively established by the evidence that William Penfold' died from the effects of a poisonous drug taken by himself, the court erred in leaving this question to the consideration of the…
1Opinion of the CourtRapallo, J.
The policy contained a condition that, if the person whose life was insured should “ die by his own hand or act, voluntary or otherwise,” the company should not be liable, etc.
The sole defense to this action is the alleged violation of this condition and the ground of appeal is that the court gave improper instructions to the jury in two respects.
First. The defendant contends that the evidence shows conclusively that the deceased came to his death by taking an over-dose of medicine which had been prescribed for him ■by his physician, and that the court, therefore, erred in leaving it to the…
2Cases cited1 opinion
- Van Zandt v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1873
3Cited by23 opinions
- Northwestern Mutual Life Insurance v. HazelettIndiana Supreme Court · 1886
- Mutual Life Insurance v. WiswellSupreme Court of Kansas · 1896
- Claim of Delinousha v. National Biscuit Co.New York Court of Appeals · 1928
- Heiman v. Pan American Life Ins. Co.Supreme Court of Louisiana · 1935
- Karow v. Continental InsuranceWisconsin Supreme Court · 1883
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