Kelly v. Connecticut Mut. Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Albany county. Action by Joseph Kelly against the Connecticut Mutual Life Insurance Company. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendant appeals. Keversed. In January, 1883, Shubal Kelly, father of the plaintiff, applied to the defendant for a policy of insurance, which was issued to him in the sum ■ of $5,000, to be paid upon his death to the plaintiff.
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Appeal from trial term, Albany county. Action by Joseph Kelly against the Connecticut Mutual Life Insurance Company. From a judgment entered on a verdict for plaintiff, and from an order denying a new trial, defendant appeals. Keversed. In January, 1883, Shubal Kelly, father of the plaintiff, applied to the defendant for a policy of insurance, which was issued to him in the sum ■ of $5,000, to be paid upon his death to the plaintiff. Shuhal Kelly paid the premiums upon that" policy until the month of February, 1874, 'when the policy was surrendered, and another 'issued in its place for the…
1Opinion of the CourtHerrick, J.
In determining whether the plaintiff’s acts in inventorying the policy of insurance as part of the assets of his father’séstate,, and in receiving the moneys due upon such policy, and in executing a release thereof to the defendant, and in distributing the proceeds of such policy among the creditors of the estate, were dune with sufficient knowledge of the facts as to preclude him from again applying to the company for the insurance upon his father’s life, a brief examination of the evidence in the case will be necessary. There are some undisputed facts in the case. Shubal Kelly personally…
2Cases cited14 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Hammond v. . PennockNew York Court of Appeals · 1874
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