Aldridge v. . &198tna Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 19, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to exclude from the attention of the jury the letter of Dr. McMorrow and to sustain the objection to that evidence.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 19, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court to exclude from the attention of the jury the letter of Dr. McMorrow and to sustain the objection to that evidence. (Wehle v. Spellman, 1 Hun, 634; Stephen’s Digest of Evidence, 72, 73; Ashner v. Abenheim, 19 Misc. Rep. 285; Mook v. Park, Davis & Co., 9 Misc. Rep. 90; Wigmore on Ev. §…
1Opinion of the Court
In this case we are all agreed that the judgment must be reversed, but we differ as to the reasons for that result. The action is upon an accident policy, under which the plaintiff claims to be entitled to a specified weekly indemnity for injuries which caused appendicitis. The question is whether a certain letter, written to the defendant by the plaintiff's attending physician, is binding upon the plaintiff as though it had been written by himself. We think the proper determination of that question obviously depends upon the law of agency, for we can think of no principle upon which the…
2Cases cited2 opinions
- Rosenbury v. AngellMichigan Supreme Court · 1859
- Proctor v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by11 opinions
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Smith v. MaineNew York Supreme Court · 1932
- Newton v. American Car Sprinkler Co.Supreme Court of Vermont · 1914
- Oliver v. HuckinsCourt of Appeals of Texas · 1922
- Evans v. Independent Nat. Life Ins. Co.Louisiana Court of Appeal · 1933
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