Perry v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Josephine 0. Perry, as executrix, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 12th day of March, 1914, rendered at Special Term, reversing a judgment of the City Court of Buffalo in favor of the plaintiff. Judgment affirmed, with costs, upon the opinion of Bissell, J., delivered at Special Term.
1Opinion of the Court
All concurred.
The following is the opinion delivered at Special Term:
Bissell, J.:
The action in the court below was brought to recover on a policy of life insurance in the sum of one thousand dollars issued on the life of James W. Wilson, formerly of Lewistown, Penn. The policy was issued November 11,1910. The insured *276died May 6, 1911. The plaintiff is the administratrix of the insured. The defense is based on alleged misrepresentations contained in the application, relative to the antecedent health of the insured. The learned trial judge found that on the merits the defense was fully…
2Cases cited3 opinions
- Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
- Moore v. Supreme Assembly of the Royal Society of Good FellowsCourt of Appeals of Texas · 1906
- Dowd v. American Fire Insurance Co. of PhiladelphiaNew York Supreme Court · 1888
3Cited by5 opinions
- Berger v. Manhattan Life InsuranceDistrict Court, S.D. New York · 1992
- Rumbolz v. American Alliance InsuranceSouth Dakota Supreme Court · 1933
- Bavisotto v. United StatesDistrict Court, W.D. New York · 1937
- LaRocca v. John Hancock Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1940
- Winter v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1939