Cohen v. Metropolitan Life Insurance Co.

From judgments in favor of respondent after trial before the court without a jury in (a) an action to recover permanent disability' benefits of insurance policies and (b) a cross-action to recover a sum equivalent to disability payments made on insurance policies and premiums waived on said policies both induced by fraud, appellant appeals.

Viewing the evidence most favorable to respondent, the essential facts are:

Pursuant to the recommendation of his physician, appellant in November, 1927, entered the New York State Hospital for Incipient Tuberculosis at Raybrook, New York, and remained there…