National Life Ins. Co. v. . Minch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, entered upon an order denying a motion for a new trial, and directing judgment on a nonsuit.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, entered upon an order denying a motion for a new trial, and directing judgment on a nonsuit. This action was brought to recover of the defendant, as administrator, etc., of Anna C. Minch, $2,500 and interest, as damages suffered by the plaintiff by reason of a conspiracy and fraudulent representations, whereby the plaintiff was induced to insure the life of the deceased, and to pay the loss after her death. The complaint alleged in substance that about the 17th day of March,…
1Opinion of the Court
Church, Ch. J.
I am unable to concur with the ruling of the learned judge at the circuit, which was sustained by a majority of the court at General Term, that there was not evidence sufficient to go to the jury to charge fraud or conspiraey upon the deceased in obtaining the policy. A conspiracy was alleged between the deceased, her husband and Dr. Potter, the medical examiner for the plaintiff, to fraudulently obtain a policy of insurance upon. the life of Mrs. Minch, knowing that she had, at the time, a cancer, which was an incurable disease. It was not necessary to establish the conspiracy…
2Cases cited3 opinions
- Mutual Life Insurance v. WagerNew York Supreme Court · 1858
- Graves v. SpierNew York Supreme Court · 1870
- People ex rel. Garling v. Van AllenNew York Court of Appeals · 1873
3Cited by43 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Connecticut Mutual Life Insurance v. HillmonSupreme Court of the United States · 1903
- Hickman v. GreenSupreme Court of Missouri · 1894
- Smith v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- American Agricultural Chemical Co. v. RobertsonMassachusetts Supreme Judicial Court · 1930
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