Guiltinan v. Metropolitan Life Insurance
Supreme Court of Vermont
General and Special Assumpsit upon a policy of life insurance. Plea, the general issue, with notice of special matter in defense. Trial by jury at the December Term, 1896, Bennington County, Thompson, J., presiding. The application contained the following questions, each of which the applicant answered in the negative: “ Question H. Are you now, either directly or indirectly, concerned in either the manufacture or sale of any kind of alcoholic beverages ? ” “Question Ha.
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General and Special Assumpsit upon a policy of life insurance. Plea, the general issue, with notice of special matter in defense. Trial by jury at the December Term, 1896, Bennington County, Thompson, J., presiding. The application contained the following questions, each of which the applicant answered in the negative: “ Question H. Are you now, either directly or indirectly, concerned in either the manufacture or sale of any kind of alcoholic beverages ? ” “Question Ha. Have you ever been so engaged ? ” Rolan Taylor, a witness for the defendant, testified that in the spring before the…
1Opinion of the CourtTyler, J.
There was no error in the refusal of the trial court to direct a verdict for the defendant. The testimony of Kenyon and other witnesses called by the plaintiff tended to contradict the testimony of Taylor, and it became a question of fact for the jury whether or not the insured ever sold any liquor while he was employed at the hotel.
In answer to questions in the application the insured stated that he was not then and never had been directly or indirectly engaged in the manufacture or sale of -alcoholic beverages. The court instructed the jury that if he was employed in that house generally to…
2Cases cited7 opinions
- Continental Life Insurance v. RogersIllinois Supreme Court · 1887
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Piedmont, Etc. Life-Ins. Co. v. Ewing, Etc.Supreme Court of the United States · 1876
- Price v. Phœnix Mutual Life InsuranceSupreme Court of Minnesota · 1871
- Spencer v. Citizens' Mutual Life InsuranceNew York Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
- Head v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1930
- Billings v. Metropolitan Life InsuranceSupreme Court of Vermont · 1898
- Patterson's Admr. v. Modern Woodmen of AmericaSupreme Court of Vermont · 1915
- Rosenblum v. Sun Life Assur. Co. of CanadaWyoming Supreme Court · 1937
9 more not listed; retrieve them via the Exa API.