Barnett v. Prudential Insurance of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Prudential Insurance Company of America, from a judgment of the Supreme Court in favor of the - plaintiff, entered in the office of the clerk óf the county of O ranga ón the 11th day of Aprils 1903, upon' the verdict of- a jury rendered by direction of the court after a trial at the Orange Trial Term.
1Opinion of the Court
Jenks, J. :
The deféndant contended that it has the right to adjust the amount' of the policy and to discharge it by the payment of a reduced amount because the assured ■ misstated her. • age in • her ‘ application.- At first the' court received certain evidence to support the alleged misstatement, but subsequently struck it out and directed a verdict for the plaintiff. Under objection and exception, the defendant put in the proof of the death of the assured as evidence of her age. It' is to be noted that -this proof, was made' by the attending physician, and was not verified by the plaintiff.…
2Cases cited5 opinions
- Hanna v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1896
- Wangner v. . GrimmNew York Court of Appeals · 1902
- Griffin v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1899
- Liberty Wall Paper Co v. Stoner Wall Paper Manufacturing Co.New York Court of Appeals · 1902
- Terwilliger v. Industrial Ben. Ass'nNew York Supreme Court · 1894
3Cited by8 opinions
- Pollack v. Metropolitan Life Ins. Co.Court of Appeals for the Third Circuit · 1943
- In re the Estate of PastoreNew York Surrogate's Court · 1935
- Smith v. WagnerNew York Supreme Court · 1919
- Baginska v. Metropolitan Life InsuranceCity of New York Municipal Court · 1937
- James H. Dunham & Co. v. McCannAppellate Division of the Supreme Court of the State of New York · 1905
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