Mutual Life Insurance v. Wager
New York Supreme Court
THIS action was brought to recover back from the defendant $2566.34, paid him by the plaintiffs,'October 25,1851, being the amount insured by them in his favor, December 18, 1845, on the life of one Woodward Frisbie, who died September 30, 1851. The plaintiffs claimed to recover on the ground of an alleged false and fraudulent declaration of the defendant made at the time of effecting the insurance : 1st, that Frisbie was not, to the defendant’s knowledge, “ afflicted with…
Read the full summary
THIS action was brought to recover back from the defendant $2566.34, paid him by the plaintiffs,'October 25,1851, being the amount insured by them in his favor, December 18, 1845, on the life of one Woodward Frisbie, who died September 30, 1851. The plaintiffs claimed to recover on the ground of an alleged false and fraudulent declaration of the defendant made at the time of effecting the insurance : 1st, that Frisbie was not, to the defendant’s knowledge, “ afflicted with spitting of blood, or any disorder which tends to the shortening of life;” and 2d, that he had an interest in Frisbie’s…
1Opinion of the CourtSutherland, J.
Previous to the delivery of the policy of insurance in this case, to the defendant Wager, Frisbie, whose life was insured for Wager, made and signed a declaration that he had not been afflicted with, (among other things,) “ spitting of blood,” and was not then afflicted with any disorder which tends to the shortening of life. The defendant also signed a declaration, that Frisbie had not been afflicted with “ spitting of blood,” and that he was not then afflicted with any disorder which tends to the shortening of life, to his knowledge. The policy itself referred to this declaration made by…
2Cases cited1 opinion
- Wall v. Howard InsuranceNew York Supreme Court · 1852
3Cited by22 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
- Centennial Mutual Life Ass'n v. ParhamTexas Supreme Court · 1891
- Tyler v. HeidornNew York Supreme Court · 1866
- In Re the Accounting of McLaughlinNew York Court of Appeals · 1942
17 more not listed; retrieve them via the Exa API.