Hanna v. Connecticut Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered Hovember 22, 1894, which denied plaintiff’s motion for a new trial on exceptions ordered to be heard in the first instance at General Term and directed judgment for defendant, dismissing the complaint. The action was to recover upon a policy of insurance, issued by the defendant upon the life of the plaintiff’s husband.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered Hovember 22, 1894, which denied plaintiff’s motion for a new trial on exceptions ordered to be heard in the first instance at General Term and directed judgment for defendant, dismissing the complaint. The action was to recover upon a policy of insurance, issued by the defendant upon the life of the plaintiff’s husband. The complaint alleged the death of the insured from consumption of the bowels; that due proof of his death had been made to the defendant and a demand made for payment of the…
1Opinion of the CourtGray, J.
It is undoubtedly the general and well-settled rule, in such cases, that the defendant is bound to establish, to the satisfaction of the jury, the defense that the policy has been avoided by some violation on the part of the insured of its conditions, and if the evidence, which went to make up the plaintiff’s case upon the trial, warranted any other inference as to the cause of death, than that stated in the certificate, it was error to dismiss the complaint. Even if it was inferable from the evidence that, although death may have been caused by the use of spirituous liquors, nevertheless,…
2Cited by37 opinions
- Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Burke v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1935
- Hart v. Fraternal AllianceWisconsin Supreme Court · 1901
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