Grattan v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from judgment of" the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a policy of insurance issued by defendant upon the life of Terence Grattan, plaintiff’s testator. The facts appear sufficiently in the opinion. The finding that there was a waiver of service of proofs of death was an error of law upon the facts found.
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Appeal from judgment of" the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon a policy of insurance issued by defendant upon the life of Terence Grattan, plaintiff’s testator. The facts appear sufficiently in the opinion. The finding that there was a waiver of service of proofs of death was an error of law upon the facts found. (Co. Litt., 352a; 1 Serg. & R., 444; Riply v. Ætna Ins. Co., 30 N. Y., 136; Underwood v. Farmers’ J. S. I. Co., 57 id., 500; Commonwealth…
1Opinion of the CourtDaneorth, J.
By the terms of the policy the defendant was required to pay the amount of the insurance “in sixty days after receipt and acceptance of proofs of the death of the insured.” As to the manner aiid form of proof, and the time within which and the person by whom an opportunity should be given to the company to accept and receive the “ proofs,” the policy is silent. It appeared, however, upon the trial, by the .evidence of the defendant’s officers, that the company was provided with blanks for such proof, and that it was its custom, upon the death of an insured person, to send- these blanks to his…
2Cases cited9 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Emery v. . PeaseNew York Court of Appeals · 1859
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Renihan v. . DenninNew York Court of Appeals · 1886
89 more not listed; retrieve them via the Exa API.