Legal Opinion
Rosenthal v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 1959PublishedCited by 3 opinions
1Opinion of the CourtStevens, J.
Plaintiff appeals from a judgment entered on a directed verdict after dismissal of the complaint on motion of the defendant.
This was an action to recover double indemnity benefits under two policies of life insurance issued to the deceased husband of the plaintiff beneficiary.
The defendant rested at the conclusion of the plaintiff’s case without offering any proof. The medical testimony therefore is uncontradicted. In this posture of the case there is a simple *184question whether there was sufficient evidence to warrant submission of the case to the jury.
There was medical testimony that the…
2Cases cited14 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Messersmith v. . American Fidelity Co.New York Court of Appeals · 1921
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925
- Burr v. Commercial Travelers Mutual Accident Ass'n of AmericaNew York Court of Appeals · 1946
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3Cited by3 opinions
- Uniformed Firefighters Ass'n, Local 94 v. BeekmanNew York Supreme Court · 1980
- Barnes v. American International Life Assurance Co.District Court, S.D. New York · 2010
- Barnes v. AMERICAN INTERN. LIFE ASSUR. CO.District Court, S.D. New York · 2010