Legal Opinion · Dissent

Hall v. Prudential Insurance of America

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1933Published

1DissentThompson, J.

I find myself unable to agree with the conclusion reached by a majority of the court in this case. In my view, the judgment awarded by the trial court is amply supported by clear and convincing testimony, and should be affirmed.

Decedent, insured, was plaintiff’s mother, and at the time the policy was taken out, as well as at her death, she resided with her daughter. Decedent also had seven other children, all of whom survived her. The evidence clearly establishes that the proposition which defendant’s agent Spetrino advanced to plaintiff and decedent, and which was acted upon by them, was…

2Cases cited5 opinions

  1. Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
  2. L. Lewitt & Co. v. Jewelers' Safety Fund SocietyNew York Court of Appeals · 1928
  3. Foster v. . BookwalterNew York Court of Appeals · 1897
  4. Bascombe v. MarshallAppellate Division of the Supreme Court of the State of New York · 1908
  5. Hoye v. BridgewaterAppellate Division of the Supreme Court of the State of New York · 1909

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