Donnelly v. Metropolitan Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment rendered in the Municipal Court of the city of New York, first district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtEbeedmah, P. J.
This action was brought upon a policy of life insurance issued by the defendant upon the life of one John Donnelly for the sum of sixty dollars, payable to plaintiff.
By reason of default in payment of the premiums thereon the policy had lapsed, and on July 27, 1903, was revived, the clause reviving the same containing the following condition : “ This policy having lapsed is hereby revived upon condition that the insured is in sound health.”
The insured died August 28, 1903, and the plaintiff duly filed proofs of death, such proofs containing among other papers a certificate of the attending…
2Cases cited3 opinions
- Spencer v. Citizens' Mutual Life InsuranceNew York Court of Appeals · 1894
- Kipp v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Wieder v. Union Surety & Guaranty Co.New York Supreme Court · 1904
3Cited by2 opinions
- Carmichael v. John Hancock Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1904
- Pearl v. Metropolitan Life Ins.Appellate Terms of the Supreme Court of New York · 1913