Heaphy 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 Monroe on the 1st day of June, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of May, 1897, denying the defendant’s motion for a new trial made upon the-minutes.
1Opinion of the Court
Adams, J.:
The plaintiff seeks through the medium of this action to recover of the defendant the amount claimed to be due upon a policy of insurance issued to her by the defendant upon the life of her son, Charles D. Heaphy.
The contract of insurance was based upon a written application consisting of four subdivisions and designated severally A, B, 0 and D. Subdivision A contained certain questions relating to the age, occupation, residence, etc., of the insured, the answers to which were written out by the defendant’s agent and signed by the insured. Subdivision 0 contained numerous questions…
2Cases cited6 opinions
- Smith v. . Aetna Life Insurance Co.New York Court of Appeals · 1872
- Townsend Manufacturing Co. v. FosterNew York Supreme Court · 1868
- Adsit v. Wilson & ChamberlainNew York Supreme Court · 1852
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
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