Goldschmidt v. Mutual Life Insurance
New York Supreme Court
Appeal from circuit court, New York county. Action by Adolph Goldschmidt, David Barach, and Daniel Goldschmidt against the Mutual Life Insurance Company of New York. Plaintiffs appeal from a judgment for defendant entered on a verdict directed by the court.
1Opinion of the CourtBartlett, J.
The plaintiffs sue as the assignees of two policies of insurance upon the life of Oscar Edler, who died on the 27th day of August, 1876. One policy contained a provision that it should be null and void if the person whose life was insured should die by his own act or hand, whether sane or insane; but in that event the company undertook to return the premiums paid. The other policy declared that the self-destruction of the insured person, whether voluntary or involuntary, and whether he was sane or insane at the time, was- not a risk assumed by the company, but in such case the company agreed…
2Cases cited1 opinion
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
3Cited by5 opinions
- Cox v. Royal TribeOregon Supreme Court · 1903
- Williams v. United States Mutual Accident Ass'nNew York Supreme Court · 1891
- Baltimore Life Insurance v. FahrneyCourt of Appeals of Maryland · 1918
- Balto. L.I. Co. of Balto. v. FahrneyCourt of Appeals of Maryland · 1918
- Mitterwallner v. Supreme Lodge, Knights & Ladies of the Golden StarCity of New York Municipal Court · 1902