Trudden v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Queens, First district. Action by Ellen Trudden, administratrix of George Hayes, de-ceased, against the Metropolitan Life Insurance Company. From judgment for plaintiff, defendant appeals.
1Opinion of the CourtGoodrich, P. J.
On a former appeal (50 App. Div. 473, 64 N. Y. Supp. 183), Mr. Justice Hatch writing, we reversed a judgment for the plaintiff, on the ground that there had been a clear breach of warranty of the representations made to procure the insurance, in that George Hayes, the plaintiff’s intestate, stated in his application for the insurance that he never had disease of the kidneys, and had not been attended by a physician for two years previously to such application, when the evidence showed that within a year he had been treated by a physician for acute kidney disease, which lasted 2 months. The…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Denton v. CarrollAppellate Division of the Supreme Court of the State of New York · 1896
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Cunningham v. GansNew York Supreme Court · 1894
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3Cited by1 opinion
- Kasprzyk v. Metropolitan Life Ins.New York Supreme Court · 1913