Robinson v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of February, 1895, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 12th day of February, 1895, denying the defendant’s motion for a new trial made upon the .minutes.
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Appeal by the defendant, The Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of February, 1895, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 12th day of February, 1895, denying the defendant’s motion for a new trial made upon the .minutes. The request to charge, referred to in the opinion of the court as appearing at folio 134 was as follows: That upon the policy the suit…
1Opinion of the Court
Cullen, J.:
The action is to recover $176, the amount of an insurance effected by the plaintiff on the life of his daughter. This daughter was from a short time after birth an idiot and cripple. The plaintiff can neither read nor write, and the defendant’s agent, who took the plaintiff’s application, could write but very little more than his own name. According to the evidence of the plaintiff, he was approached by the defendant’s agent and asked to take out this insurance. The agent saw the daughter and the plaintiff stated to him what had been her condition. In other respects than those…
2Cases cited2 opinions
- Ames v. . N.Y. Union Ins. Co.New York Court of Appeals · 1856
- O'Brien v. . Home Benefit SocietyNew York Court of Appeals · 1889
3Cited by5 opinions
- Peters v. United States Industrial InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Norwick v. United Security Life CompanySouth Dakota Supreme Court · 1967
- Curry v. Empire Life InsuranceNew York Supreme Court · 1905
- Norwick v. United Security Life CompanySouth Dakota Supreme Court · 1967
- Rosenthal v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1966