Cushman v. United States Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought upon a policy of life insurance issued by defendant November 2, 1871, upon the life of Birt Cushman, plaintiff’s intestate. The defence was a breach of warranty.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order denying a motion for a new trial, and directing judgment on a verdict. This action was brought upon a policy of life insurance issued by defendant November 2, 1871, upon the life of Birt Cushman, plaintiff’s intestate. The defence was a breach of warranty. The case upon a former appeal is reported in 63 N. Y., 404. The evidence as far as material is stated in the opinion. At the close of the evidence defendant’s counsel moved for a nonsuit on the ground that the evidence…
1Opinion of the CourtEarl, J.
When this case was here upon a prior appeal, it was decided that the application for the insurance was part-of the policy, and that the answers to the questions therein contained were therefore warranties, and that, unless they were substantially true, there can be no recovery in this action. (63 N. Y., 404.) The plaintiff again recovered upon the last trial, and his judgment is now assailed upon various grounds, which I will consider separately.
It is claimed that there was a breach of warranty in answering “No ” to the question in the application, whether the applicant “ had ever had disease…
2Cases cited8 opinions
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Levin v. . RussellNew York Court of Appeals · 1870
- Bedell v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Life Insurance v. FranciscoSupreme Court of the United States · 1873
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1883
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Independent Life Ins. Co. v. ButlerSupreme Court of Alabama · 1930
60 more not listed; retrieve them via the Exa API.