Fulton v. Metropolitan Life Insurance
New York Court of Common Pleas
Appeal from city court, general term. Action by Elmira A. Fulton against the Metropolitan Life Insurance Company for money paid defendant by plaintiff on a policy thereafter mutually abandoned as void. From a judgment of the general term of the. city court (21 N. Y. Supp. 470) affirming a judgment for plaintiff entered on a verdict, defendant appeals.
1Opinion of the CourtBischoff, J.
The facts in evidence and conceded by defendant conclusively show that defendant’s policy of insurance, which was issued to plaintiff upon the life of her father, was rescinded by *599the parties by its' mutual abandonment; and the trial judge might well, therefore, have directed a verdict in plaintiff’s favor. It appeared that plaintiff had applied to defendant for a policy upon the life of her father, Jacob C. Stoner; that it was a condition precedent of defendant’s contract to insure that the consent of the person whose life was proposed for insurance must have been personally subscribed by…
2Cases cited14 opinions
- Allen v. . PattersonNew York Court of Appeals · 1852
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Hosley v. . BlackNew York Court of Appeals · 1863
- Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Life Ins. Co. of Georgia v. LopezSupreme Court of Florida · 1983
- Holmes v. Nationwide Mutual InsuranceNew York Supreme Court · 1963
- Skudera v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Grouse v. WolfNew York Court of Common Pleas · 1893
- Mahoney v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1910
4 more not listed; retrieve them via the Exa API.