Legal Opinion

Clements v. Connecticut Indemnity Co.

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

Decided July 1, 1898PublishedCited by 8 opinions

Appeal by the defendant, The Connecticut Indemnity Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 14th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of May, 1897, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, The Connecticut Indemnity Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 14th day of May, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of May, 1897, denying the defendant’s motion for a new trial made upon the minutes. The defendant is a life insurance company organized under the laws of the State of Connecticut and doing business in this State. On the 19th day of June, 1895, one James Clements applied to one of…

1Opinion of the Court

Adams, J.:

The facts above narrated, as to which there is little or no dispute,, form a curious chapter of life insurance, and they tend to explain *133in some measure why it is that the time and attention of the courts are so constantly occupied in efforts to determine intricate and perplexing controversies arising between insurance companies and their patrons. Were these the controlling facts of the case under consideration they would, doubtless, call for an examination of some quite novel and interesting legal questions; but they are referred to by reason of their historical significance more…

2Cases cited3 opinions

  1. Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
  2. Story v. United Life & Accident InsuranceNew York Supreme Court · 1889
  3. Hanna v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by8 opinions

  1. Fitzgerald v. Supreme Council of the Catholic Mutual Benefit Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
  2. Fitzgerald v. Supreme Council of Catholic Mut. Ben. Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
  3. Gaines v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. Schane v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  5. Sternaman v. Metropolitan Life Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1900

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