Howard v. Metropolitan Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal from judgment of the Sixth Judicial District Court, -rom dered by -the justice, without a- jury, in favor of the plaintiff. -
1Opinion of the CourtBischoff, J.
This appeal is taken from a judgment awarding to the plaintiff the sum named in two policies of life insurance, issued by the defendant upon the life of one Lizzie Howard, the wife of the plaintiff, he being the designated beneficiary.
The defendant pleaded a breach of warranty and claims that this defense was established upon the plaintiff’s proofs, the only evidence adduced at the trial, and that the justice below erroneously denied the motion for a dismissal of the complaint.
By the terms of each of these policies the insured had warranted the truth of a statement that she had never been…
2Cases cited4 opinions
- Goldschmidt v. . Mutual Life Ins. Co.New York Court of Appeals · 1886
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Canavan v. StuyvesantNew York Court of Common Pleas · 1894
- Gallagher v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1888
3Cited by2 opinions
- Boylan v. Prudential InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Gerlach v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1908