Legal Opinion

Breese v. Metropolitan Life Insurance

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

Decided January 15, 1899PublishedCited by 11 opinions

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 clerk of the county of Cayuga on the 21st day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Follett, J.:

This action was begun July 8, 1895, by the guardian ad litem of Ida J. Breese, now Ida J. Corbett, to recover on a policy of life insurance, issued by the defendant January 15, 1894, by which it *153agreed to pay $500 upon the death of William Robertson in case he died “ more than one year after the date ” of the policy. He died January 20, 1895. The name, of the person to whom the sum should be payable is not mentioned in the policy, but the first condition indorsed thereon provides: “ The company may pay this policy to either the executor or administrator, husband or wife, or any…

2Cases cited4 opinions

  1. Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
  2. Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
  3. Jones v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1874
  4. Breeze v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by11 opinions

  1. L. Black Co. v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1919
  2. Crismond's Administratrix v. JonesSupreme Court of Virginia · 1915
  3. Webb v. HarrisSupreme Court of Oklahoma · 1912
  4. National Council Knights & Ladies of Security v. OwenSupreme Court of Oklahoma · 1916
  5. McCarthy v. AnableNew York Supreme Court · 1938

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