Shea v. United States Industrial Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah Shea, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 19th day of March, 1897, upon the dismissal of the complaint directed by the court after a trial at the Kings County Trial Term. The action was brought to recover upon two policies of insurance issued by the defendant upon the life of .the plaintiff’s daughter.
1Opinion of the Court
Hatch, J.:
Upon motion made at the close of plaintiff’s proof, the court struck out all the evidence and dismissed plaintiff’s complaint. This ruling proceeded upon the ground that the defendant had compro*54raised the claim arising upon the policies of insurance sued upon, with the husband of the deceased and paid him the sum agreed upon, and that it became by this act released from any further lia^ bility to any person thereon.
The evidence given upon the trial disclosed this state of facts r The insured was the daughter of the plaintiff; on the 23d day of October, 1893, the plaintiff procured…
2Cases cited3 opinions
- White v. . HoytNew York Court of Appeals · 1878
- Brennan v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1895
- Powers v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1894
3Cited by33 opinions
- McAlpine v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1916
- Wokal v. BelskyAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of O'NeillNew York Surrogate's Court · 1932
- Tarasowski v. Prudential InsuranceNew York Supreme Court · 1920
- Foryciarz v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1916
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