Murray v. . New York Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made the second Monday of December, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. (Reported below, 19 Hun, 350.) This action was brought upon two policies of insurance issued by defendant to plaintiff upon the life of her husband, Wisner Murray.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made the second Monday of December, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. (Reported below, 19 Hun, 350.) This action was brought upon two policies of insurance issued by defendant to plaintiff upon the life of her husband, Wisner Murray. The substance of the pleadings is set forth in the opinion. When the cause was called for trial defendant claimed the affirmative of the issue.…
1Opinion of the CourtMiller, J.
The right of a party holding the affirmative -upon an issue of fact upon trial to open and close the evidence, and upon the final submission of the case to the jury to reply in summing up the ease is too well settled to admit of any question. And when such right is denied by the judge upon the trial, such denial furnishes ground for exception, which is the subject of review upon appeal. (Millerd v. Thorn, 56 N. Y. 402.) The defendant in this case clearly held the affirmative of the issue upon trial, and the judge erred in refusing to allow the defendant to open and close the case in…
2Cases cited2 opinions
- Millerd v. . ThornNew York Court of Appeals · 1874
- Jones v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1874
3Cited by33 opinions
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- Western Assur. Co. of Toronto v. J. H. Mohlman Co.Court of Appeals for the Second Circuit · 1897
- Green v. Travelers InsuranceNew York Court of Appeals · 1941
- N. & M. Friedman Co. v. Atlas Assurance Co.Michigan Supreme Court · 1903
- Green v. . Casualty Co.Supreme Court of North Carolina · 1932
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