Legal Opinion

Jurgens v. New York Life Insurance

California Supreme Court

Decided September 2, 1896No. S. F. No. 283PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. A. A. Sanderson, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

The appeal is from a judgment of non-suit and from an order denying a new trial. The action was brought to recover fourteen hundred and sixty two dollars, paid as the first annual premium upon a policy of life insurance for twenty-five thousand dollars, plaintiff claiming that the contract of insurance had been rescinded by him. He claims to have rescinded because he was induced to receive the policy, and pay the first premium, by the false and fraudulent representations of defendant’s agent, one Eaton. The policy issued to him was precisely such a policy as he had applied for in writing, but…

2Cases cited3 opinions

  1. Griffith v. N.Y. Life Ins. Co.California Supreme Court · 1894
  2. North America Life Insurance v. WilsonMassachusetts Supreme Judicial Court · 1873
  3. Trabandt v. Connecticut Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1881

3Cited by9 opinions

  1. Richards v. Farmers' & Merchants' BankCalifornia Court of Appeal · 1908
  2. Wolff v. HoaglundCalifornia Court of Appeal · 1970
  3. La Marche v. New York Life Ins. Co.California Supreme Court · 1899
  4. Rogers v. American National InsuranceSupreme Court of Georgia · 1916
  5. Ætna Life Ins. v. GeherCourt of Appeals for the Ninth Circuit · 1931

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