Wightman v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bew York Life Insurance Com-. pany, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of. the county of Westchester on the 2d day of April, 1906, upon the verdict of a jury, and. also from an order entered in said clerk’s office on the 2d day of April, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
Unless this court is to sanction the doctrine that a written contract, made for the 'purpose of expressing the agreement between 'parties, and which is in no wise ambiguous, may be completely changed in its scope- by parol evidence and. the verdict of a jury, the judgment and' order appealed from must be reversed. The plaintiff in this action had, for a- number of years, acted as agent of the defendant'in the soliciting of insurance under the provisions *497of a written contract. Some time prior to the 30th day of January, 1903, the plaintiff originated a scheme of securing insurance…
2Cases cited3 opinions
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Outerbridge v. CampbellAppellate Division of the Supreme Court of the State of New York · 1903
- Heyn v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by5 opinions
- Sutherland v. Connecticut Mutual Life InsuranceNew York Supreme Court · 1914
- Aldrich v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1907
- Hendricks v. ClementsAppellate Division of the Supreme Court of the State of New York · 1921
- Feiber v. Home Silk MillsAppellate Terms of the Supreme Court of New York · 1913
- Gibney v. National Jewelers' Board of TradeAppellate Terms of the Supreme Court of New York · 1913