Magner v. Mutual Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Bertha Magner against the Mutual Life Association of the City of Brooklyn on a life insurance policy. From a judgment for $1,178.85, damages and costs, entered on a verdict directed by the court in favor of plaintiff, defendant appeals. Affirmed.
1Opinion of the CourtFollett, J.
This action was begun September 18, 1895, by Maggie J. Murray, as plaintiff, to recover the amount alleged to be due her as the beneficiary In a policy of insurance issued by the defendant August 1, 1894, upon the life of Catherine Curtin, her aunt, for $1,006. November 21, 1895, Maggie J. Murray assigned the cause of action to Bertha Magner, who, by an order granted December 23, 1895, was substituted as the plaintiff herein in the place and stead of Maggie J. Murray.
The action was defended on five grounds: (1) That the age of the insured was understated in the application; (2) that it was…
2Cited by3 opinions
- Howard v. West Jersey, C., R.R. Co.New Jersey Court of Chancery · 1928
- La Porte v. United States Radium CorporationDistrict Court, D. New Jersey · 1935
- McCormick v. Catholic Relief & Beneficiary Ass'nAppellate Division of the Supreme Court of the State of New York · 1899