Jones v. . Brooklyn Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, affirming á judgment in favor of plaintiff, entered at the Circuit, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, affirming á judgment in favor of plaintiff, entered at the Circuit, and affirming an order denying a motion for a new trial. This action was brought "upon a policy of life insurance issued by the defendant to the plaintiff, upon the life of one Isaac Uewning, on March 12th, 1868. The complaint, which was in the ordinary form, contained no allegation to tiie effect that the plaintiff had an interest in the life of Mewning, except the statement that he was “a debtor of the plaintiff.” The answer…
1Opinion of the Court
Dwight, C.
It is claimed by the defendant that there was a mistrial in this cause, or such an irregularity in the conduct of it that the judgment of the court below should be reversed.
The irregularity complained of consists in the fact that the judge submitted three questions to the jury without their going through the form of finding a verdict, either general or special, and on receiving affirmative answers to two of these questions, which made any finding upon the third unnecessary, proceeded to order the entry of judgment. The proceeding was plainly informal, and it is insisted that the…
2Cases cited3 opinions
- Barto v. . HimrodNew York Court of Appeals · 1853
- Manning v. . MonaghanNew York Court of Appeals · 1861
- Cobb v. . CornishNew York Court of Appeals · 1858
3Cited by17 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Murray v. . New York Life Insurance Co.New York Court of Appeals · 1881
- Roske v. IlykanyicsSupreme Court of Minnesota · 1951
- Harasymczuk v. Massachusetts Accident Co.New York Supreme Court · 1926
- Hiles v. Hanover Fire InsuranceWisconsin Supreme Court · 1886
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