Legal Opinion

Westover v. . Aetna Life Ins. Co.

New York Court of Appeals

Decided April 14, 1885PublishedCited by 52 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 23, 1884, which denied a motion for a new trial and affirmed a judgment entered on a verdict. The nature of the action and the material facts are stated in . the opinion.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 23, 1884, which denied a motion for a new trial and affirmed a judgment entered on a verdict. The nature of the action and the material facts are stated in . the opinion. The evidence of Dr. Briggs, as a witness for the plaintiff, should have been excluded as privileged under section 833 of the Code of Civil Procedure under the objection of the defendant. (Pierson v. People, 79 N. Y. 424; Edington v. Met. L. Ins. Co., 67 id. 195; Staunton v. Parker, 19 Hun, 59;…

1Opinion of the CourtEarl, J.

This action was commenced upon a life insurance policy issued to the plaintiff’s testator. It was provided in the policy that it should be void if the insured should commit suicide or die by his own hand. He hanged himself, and upon that ground the action was mainly defended. The plaintiff gave evidence tending to show that the testator hanged himself while insane, and the question was submitted to the jury for their determination whether the hanging was the voluntary, conscious, willing act of the testator, or whether he was at the time so insane that he was either unconscious of the act…

2Cases cited1 opinion

  1. Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876

3Cited by52 opinions

  1. Harrison v. Sutter Street RailwayCalifornia Supreme Court · 1897
  2. Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  3. Thompson v. IshSupreme Court of Missouri · 1889
  4. Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
  5. Loder v. . WhelpleyNew York Court of Appeals · 1888

47 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API