Smith v. Ætna Life Insurance
New York Supreme Court
This was an appeal from a judgment entered upon the decision of a referee in favor of the plaintiff. The plaintiff sued to recover the amount of an insurance upon the life of Jonathan 0. Smith, his deceased father, which had been issued upon their joint application, for $2,000, and he set forth in his complaint that he had at the time of ta.ln'-ng the insurance, and of the death of his father, a valuable interest in the latter’s life: also the furnishing of proof of the…
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This was an appeal from a judgment entered upon the decision of a referee in favor of the plaintiff. The plaintiff sued to recover the amount of an insurance upon the life of Jonathan 0. Smith, his deceased father, which had been issued upon their joint application, for $2,000, and he set forth in his complaint that he had at the time of ta.ln'-ng the insurance, and of the death of his father, a valuable interest in the latter’s life: also the furnishing of proof of the death and performance of the conditions of the policy, which was as follows: “¿Etna Life Insurance Company, Hartford,…
1Opinion of the CourtJames C. Smith, J.
This is an appeal from a judgment on the report of a referee in an action on a policy of life insurance. The policy was issued by the defendants, insuring the life of Jonathan 0. Smith to the amount of $2,000.
The first point made by the appellants’ counsel is, that the referee erred in receiving the testimony offered by the plaintiff to show an insurable interest in himself, for the reason that the interest, thus proposed to be shown, differed from that stated in the preliminary proofs. The answer to this point is, that although the defendant objected to the evident on several specific…
2Cases cited3 opinions
- Post & Dowding v. Ætna InsuranceNew York Supreme Court · 1864
- McMasters v. Westchester County Mutual InsuranceNew York Supreme Court · 1841
- Sermont v. BaetjerNew York Supreme Court · 1867
3Cited by3 opinions
- Cyrenius v. Mutual Life InsuranceNew York Supreme Court · 1893
- Grattan v. National Life InsuranceNew York Supreme Court · 1878
- Roe v. RoeNew York Supreme Court · 1878