Legal Opinion

Smith v. National Benefit Society

New York Court of Appeals

Decided October 7, 1890PublishedCited by 73 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1889, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action upon a membership certificate or policy of insurance issued by defendant, insuring the life of John Tyler. The facts, so far as material are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 12, 1889, which affirmed a judgment in favor of defendant entered upon a verdict, and affirmed an order denying a motion for a new trial. This was an action upon a membership certificate or policy of insurance issued by defendant, insuring the life of John Tyler. The facts, so far as material are stated in the opinion. Where a policy contains no stipulation making suicide a violation of its conditions, or one of the exceptions to the liability of the company,…

1Opinion of the CourtFinch, J.

The facts of this case are unusual and extraordinary. In answer to the plaintiff’s demand for the sum payable by the defendant’s policy of life insurance the company took upon itself the difficult burden of proving that the assured perpetrated a deliberate fraud, planned upon a broad scale, and accomplished by taking his own life; that his efforts to achieve success failing, and a future of poverty and debt seeming to await him, he determined to secure a large insurance upon his life, appropriate ij to the payment of his creditors and the comfort and support of his relatives, and reach the…

2Cited by73 opinions

  1. People v. . McKaneNew York Court of Appeals · 1894
  2. Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
  3. Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
  4. Connecticut Mutual Life Insurance v. HillmonSupreme Court of the United States · 1903
  5. Jory v. Supreme Council American Legion of HonorCalifornia Supreme Court · 1894

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