Dilleber v. . Home Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a verdict. This action was upon a policy of life insurance issued by defendant upon the life of Thomas H. Dilleber, husband of plaintiff. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on a verdict. This action was upon a policy of life insurance issued by defendant upon the life of Thomas H. Dilleber, husband of plaintiff. The facts are sufficiently stated in the opinion. The court on trial directed a verdict for defendant, to which plaintiff’s counsel duly excepted. Exceptions were ordered to be heard at first instance at General Term. The court erred in admitting the testimony…
1Opinion of the CourtEarl, J.
On the 17th day of August, 1867, the plaintiff1 took out a policy in the defendant upon the life of her husband, payable to him on the 14th day of August, 1902, if he should then be living, but in case of his death before that time, payable then to her. He died September 5, 1871, and this action is brought to recover the amount insured. The action is defended upon the grounds of breach of warranty; and fraud in the representations contained in the application upon which the policy was issued. At the close of the evidence, upon motion of defendant’s counsel, the court held that the…
2Cases cited4 opinions
- Campbell v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1867
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
3Cited by88 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Mutual Life Insurance v. WilerIndiana Supreme Court · 1885
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
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