Flynn v. . Equitable Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 15 Hun, 521.) This was an action upon a policy of life insurance issued by defendant upon the life of John II. Flynn, plaintiff's intestate. It is reported upon a former appeal in 67 II.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 15 Hun, 521.) This was an action upon a policy of life insurance issued by defendant upon the life of John II. Flynn, plaintiff's intestate. It is reported upon a former appeal in 67 II. Y., 500. By the policy the declarations and statements of the insured in his application were made warranties. The defense was a breach of warranty, in that some of the statements in the application were untrue. The application…
1Opinion of the Court
Church, Ch. J.
The principle that a party seeking to rescind a contract for fraud must return what he has received, has no application to this case.
The plaintiffs have brought an action upon a contract entered into between the deceased and the defendant. The defense is that the contract has been violated by the intestate, and hence no action can be maintained upon it. The plaintiffs are seeking to enforce the contract, and performance on the part of their intestate is a condition of a right to recover. The right to a return of the premiums paid, is uot necessarily involved in the action. The…
2Cases cited5 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Merserau v. . Ph&338nix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Rowley v. Empire InsuranceNew York Court of Appeals · 1867
- Flynn v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1876
3Cited by21 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Mutual Ben. Life Ins. v. RobisonCourt of Appeals for the Eighth Circuit · 1893
- Providence Life Assurance Society v. ReutlingerSupreme Court of Arkansas · 1894
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