Miller v. . Phoenix Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 21, 1885, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought to have a policy of life insurance, issued by defendant and which it claimed to be ¡void, declared existing and in force.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 21, 1885, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought to have a policy of life insurance, issued by defendant and which it claimed to be ¡void, declared existing and in force. Under the circumstances, the answer as to the age of the insured was the answer of the agent, and was consequently of the Insurance Company itself. (Am. Ins. Co. v. Mahone, 21 Wall. 152; Ins. Co. v. Wilkinson, 13 id. 222; Plant…
1Opinion of the Court
Ruger, Ch. J.
The application for the policy in suit was signed by one Michael Dreher; was dated April 17, 1871, and contained questions to be answered by the applicant for insurance, which were therein declared to form the basis of the contract. Among others was the following: “ When and where was the party whose life is to be insured born ? ” and it purported to be answered as follows: “ At Euttlingen, Germany ; year, 1807; month, October; day, thirty-first; age at nearest birthday, sixty-four.” The application further stated: “ It is hereby declared that the above are full and true answers…
2Cases cited8 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Axelroad v. Metropolitan Life InsuranceNew York Court of Appeals · 1935
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Germania Life Insurance v. LunkenheimerIndiana Supreme Court · 1891
- Bollard v. New York Life InsuranceAppellate Terms of the Supreme Court of New York · 1917
19 more not listed; retrieve them via the Exa API.