Holden v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 10, 1896, upon an order affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action was upon a policy of insurance issued by the defendant upon the life of Charles R. Harris, payable to his legal representatives.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 10, 1896, upon an order affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action was upon a policy of insurance issued by the defendant upon the life of Charles R. Harris, payable to his legal representatives. The plaintiff claims $2,500, the amount of such policy, under and by virtue of two assignments to her, one of $2,000, and the other of $500. The further material facts are stated in the opinion. • It…
1Opinion of the CourtMartin, J.
The defense interposed was a breach of warranty by the insured, in that the representations contained in his application to the effect that no brother of his had ever had consumption, and that the insured had never had bronchitis or dyspepsia, or been attended by any physician therefor were false and untrue.
On the trial the defendant called as a witness James T. Sweetman, who was a practicing physician and acquainted with the insured in his lifetime. He testified that he was one of the attending physicians during the last illness of the insured; that he knew him a little over two years before…
2Cases cited1 opinion
- Foley v. . Royal ArcanumNew York Court of Appeals · 1896
3Cited by19 opinions
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Gilchrist v. Mystic Workers of the WorldMichigan Supreme Court · 1915
- Clifford v. Denver & Rio Grande RailroadNew York Court of Appeals · 1907
- People v. . AustinNew York Court of Appeals · 1910
- Supreme Lodge, Knights of Pythias v. MeyerSupreme Court of the United States · 1905
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