Swift v. . Massachusetts Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 3 Hun, 551.) This action was brought upon a policy of life insurance issued to plaintiff'by defendant upon the life of William P. Swift, plaintiff’s husband.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 3 Hun, 551.) This action was brought upon a policy of life insurance issued to plaintiff'by defendant upon the life of William P. Swift, plaintiff’s husband. The defence, among other things, was put upon the ground of misrepresentations and concealment. The policy contained this clause: ■ “ In case the statements made by, or on behalf of, or with the…
1Opinion of the Court
Folger, J. *
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The defendant offered to prove statements, made by the subject insured to different persons prior to the insurance, as to his own health, atid the cause of ailments he had and showed, at the time of making those statements. The proof was excluded. It is to be observed that these statements were alleged to have been made prior to the insurance, and in immediate reference to his acts, and to facts in his then bodily condition, and so do not fall within the ruling in Rawls v. Am. L. Ins. Co. (27 N. Y., 290), where it was held that the holder of a life policy was not to…
2Cases cited6 opinions
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Kelsey v. Universal Life InsuranceSupreme Court of Connecticut · 1868
- Gilchrist v. BaleSupreme Court of Pennsylvania · 1839
- Barnes v. AllenNew York Court of Appeals · 1864
- Rawls v. American Life InsuranceNew York Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Union Central Life Ins. v. PollardSupreme Court of Virginia · 1896
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
27 more not listed; retrieve them via the Exa API.