Magner v. Mutual Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mutual Life Association of the City of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 5th day of June, 1896, for $1,118.85 damages and costs, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Follett, J.:
This action was begun September 18, 1895, by Maggie J. Murray, as plaintiff, to recover the amount alleged to be due her as the beneficiary in a policy of insurance issued by the defendant August 1, 1894, upon the life of Catherine Curtin, her aunt, for $1,000. November 21, 1895, Maggie J. Murray assigned the cause of action to Bertha Magner, who, by an order granted December 23, 1895, was substituted as the plaintiff herein in the place and stead of 'Maggie J. Murray.
The action was defended on five grounds : (1) That the age of the insured was understated in the application; (2)…
2Cited by6 opinions
- La Porte v. United States Radium CorporationDistrict Court, D. New Jersey · 1935
- Lamb v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- McCormick v. Catholic Relief & Beneficiary Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
- Cross v. Security Trust & Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Curry v. Empire Life InsuranceNew York Supreme Court · 1905
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