Breeze v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 21st day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cayuga on the 21st day of October, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of October, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover upon a life insurance policy issued upon the life of William Robertson, the grandfather of the plaintiff.
1Opinion of the Court
Ward, J.:
The complaint in this action is based upon a life insurance policy issued by the defendant to William Robertson, of the city of Auburn, whereby his life was insured in the sum of $500, and upon his death the plaintiff claimed to be the beneficiary under said j>olicy and entitled to recover that amount. The complaint referred to the application upon which the policy was issued and contains this statement: “That in the application for said insurance by said Robertson, which was in writing, Ida J. Breeze, this plaintiff, was named by said insured, William Robertson,' as the beneficiary…
2Cases cited5 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Martin v. . Tradesmen's Ins. Co.New York Court of Appeals · 1886
- Elliot v. Mutual Benefit Life Ass'n of AmericaNew York Supreme Court · 1894
- Bernard v. United Life InsuranceCity of New York Municipal Court · 1894
3Cited by7 opinions
- Breese v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Fitzgerald v. Supreme Council of the Catholic Mutual Benefit Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Fitzgerald v. Supreme Council of Catholic Mut. Ben. Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Jennings v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1903
- Carmichael v. John Hancock Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1905
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