Wright v. Mutual Benefit Life Ass'n
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 11, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was upon a certificate of life insurance dated December 6, 1883, issued by defendant, upon the life of Charles F. Wright.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 11, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was upon a certificate of life insurance dated December 6, 1883, issued by defendant, upon the life of Charles F. Wright. The certificate was payable to Byron D. Houghton, and ivas for the sum of $5,000. The assured died June 4, 1885. In December, 1885, or January, 1886, Houghton assigned his interest in the certificate to plaintiff Avho was the…
1Opinion of the CourtPotter, J.
This is an "action to recover of the defendant the amount it agreed to pay under a policy or certificate insuring the life of Charles F. Wright.
Hpon the trial, after the plaintiff had introduced the necessary proofs to entitle her to a recovery, the defendant offered to prove as a defense to the action, that the deceased Charles F. Wright and Byron D. Houghton, the beneficiary named in the policy, for the purpose of obtaining the policy and defrauding the defendant, falsely represented that Wright, the insured, .was not then suffering and never had been suffering from certain diseases which…
2Cases cited4 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Wilkinson v. First National Fire Insurance Co. of WorcesterNew York Court of Appeals · 1878
- Hutchings v. . MinerNew York Court of Appeals · 1871
3Cited by85 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
- Clement v. Insurance Co.Tennessee Supreme Court · 1898
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
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