Kelly v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the County Court of Rensselaer county in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 9th day of November, 1896, upon the decision of the court affirming a judgment in favor of the plaintiff for fifty-eight dollars and seventy-three cents damages and costs rendered by a justice of the peace of the city of Troy.
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Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the County Court of Rensselaer county in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 9th day of November, 1896, upon the decision of the court affirming a judgment in favor of the plaintiff for fifty-eight dollars and seventy-three cents damages and costs rendered by a justice of the peace of the city of Troy. The action was brought upon a policy of insurance issued by defendant December 10, 1894. upon tlie life of Kate Kelly, who was the daughter of the…
1Opinion of the Court
Landon, J. :
This policy is called by the defendant an industrial policy. It is numbered 11,419,450; the amount of insurance is small, the recovery small; the insured is described in the proofs of death as a worker in a shirt factory; she was required to pay five cents weekly as premiums. The defendant’s position in effect is that it so framed its contract with this girl that, although it got its pay, the plaintiff cannot get hers; and we shall examine this position with the gravity' and care that it merits.
Three grounds of error are assigned :
I. The policy does not name the beneficiary, but…
2Cases cited2 opinions
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Lanigan v. Prudential Ins. Co. of AmericaNew York Supreme Court · 1892
3Cited by14 opinions
- Howell v. John Hancock Mutual Life Insurance Co. of BostonNew York Court of Appeals · 1941
- Violin v. Fireman's Fund InsuranceNevada Supreme Court · 1965
- Clay v. Liberty Industrial Life Ins. Co.Louisiana Court of Appeal · 1934
- Cole v. Atlanta Life Ins. Co.Court of Appeals of Tennessee · 1939
- Kizer v. Life & Casualty Ins.Tennessee Supreme Court · 1936
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