Harms 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 . Kings on the 8th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of February, 1901, denying’ the defendant’s motion for a. new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J. :
The action is brought upon a policy of insurance upon the life of the plaintiff’s husband. The policy contained a clause, “ If the insured * * * die by his own hand pr act, whether sane or insane, the company shall not be liable for a greater sum than the. premiums.” The question litigated was whether the insured had committed suicide. The jury found a verdict for the plaintiff, and the defendant appeals.
The insured died at a hotel on Ooney Island, where he had registered as a guest at about eight p. m. He drank at the bar'and then went to his room and ordered a glass of…
2Cases cited2 opinions
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Whitlatch v. Fidelity & Casualty Co.New York Supreme Court · 1894
3Cited by2 opinions
- Mitterwallner v. Supreme Lodge, Knights & Ladies of the Golden StarCity of New York Municipal Court · 1902
- Mitterwallner v. Supreme Lodge, Knights & Ladies of the Golden StarCity of New York Municipal Court · 1902