Holden v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary C. Holden, from a judgment of the Supreme Court in favor of the defendant, entered in the office, of the clerk of the county of Saratoga on the 24th day of April,, 1895, upon the verdict of a jury rendered by direction of the court, after a trial at the Saratoga Circuit.
1Opinion of the Court
Merwin, J.:
This action was brought upon a policy of insurance, issued by the-defendant on the 29th of May, 1893, upon the life of Charles E. Harris, in the sum of $2,500, payable to his legal representatives. The plaintiff, by assignment from Harris and from his legal representatives, is the owner of whatever is recoverable on the policy.
In the answer it is alleged by way of defense, among other things,, that in the application made by Harris, which was a part of the contract of insurance, he warranted that none of his brothers had ever-had consumption, whereas, in truth and in fact, one…
2Cases cited4 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Owens v. . Holland Purchase Ins. Co.New York Court of Appeals · 1874
- Dougherty v. Metropolitan Life InsuranceNew York Supreme Court · 1895
3Cited by4 opinions
- Clifford v. Denver & Rio Grande RailroadNew York Court of Appeals · 1907
- Meyer v. JohnsonCalifornia Court of Appeal · 1935
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Paulhamus v. Security Life & Annuity Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908