Dilleber v. . Home Life Insurance Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the May Term, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. N This action was upon a policy of insurance issued by defendant upon the life of Thomas H. Dilleber, plaintiff’s husband.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the May Term, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. N This action was upon a policy of insurance issued by defendant upon the life of Thomas H. Dilleber, plaintiff’s husband. It is reported upon a former appeal, in 69 H. T. 256. The policy was issued August 17,1867. The insured died of consumption in September, 1871. Plaintiff and the insured answered “no”'to questions in…
1Opinion of the CourtEarl, J.
"When this action was before us on the former appeal (69 N. Y. 256), we determined the main questions of law involved, and the last trial, which is now before us for review, was, so far as we can perceive, .conducted in accordance with those principles. But exceptions were taken upon the last trial which were not before under consideration, and we are of opinion that they point out errors which require the reversal of the judgment appealed from.
There was evidence on the part of the plaintiff tending to-show that until about the year 1870, Thomas H. Dilleber, the assured, was in good health,…
2Cases cited2 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
3Cited by23 opinions
- Massachusetts Mutual Life Insurance Company v. Thomas E. BreiCourt of Appeals for the Second Circuit · 1962
- ULM v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1940
- Zoldoske v. StateWisconsin Supreme Court · 1892
- In re SeagristAppellate Division of the Supreme Court of the State of New York · 1896
- Hall v. RankinSupreme Court of Iowa · 1893
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