Seidenspinner v. Metropolitan Life Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department entered March 17,1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought to recover upon a policy of life insurance. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department entered March 17,1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought to recover upon a policy of life insurance. The facts, so far as material, are stated in the opinion. The court erred in excluding evidence of the sickness of the insured prior to the time the application was made. (Dwight v. G. L. Ins. Co., 103 N. Y. 341; Cook v. Barr, 44 N. Y. 156; Smith v. Nat. B. Society,…
1Opinion of the Court
Parker, Oh. J.
We think a new trial should he granted in this action because of error in refusing to receive evidence offered by defendant tending to establish that insured was sick at other times than those mentioned in his application for insurance.
The application was made in April, 1900, and in answer to the direction to “ give full particulars of any illness you may have had since childhood,” insured said: “ In 1895 injured knee by a fall; one month in 1899 a cold-—-not confined to home.” A further inquiry was: “ When were you last confined to the house by illness ? ” and to it he…
2Cases cited6 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. . SmithNew York Court of Appeals · 1902
- The People v. . GonzalezNew York Court of Appeals · 1866
- People v. . KennedyNew York Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1924
- Rosenbaum v. PodolskyAppellate Terms of the Supreme Court of New York · 1916