McClelland v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alice W. McClelland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 22d day of March, 1911, upon the dismissal of the. complaint by direction of the court at the close of plaintiff’s case on a trial at the Onondaga Trial Term.
1Opinion of the Court
Foote, J.:
The action is upon a policy of life insurance payable to plaintiff, issued upon the life of her husband, Eugene B. McClelland, for $1,000, dated January 12, 1910. McClelland made a written application for this policy on January twelfth when he was in good health. It was delivered on January seventeenth and the first premium paid on the next day. On the twelfth, after signing the application, McClelland went to Hew York city from his home in Syracuse and returned on the evening of the fourteenth, ill with a cold and grippe. He was put to bed, a physician summoned, and did not again…
2Cases cited7 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Russell v. Prudential Insurance of AmericaNew York Court of Appeals · 1903
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Ames v. . Manhattan Life Insurance Company of New YorkNew York Court of Appeals · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Zeldman v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1945
- Berger v. Manhattan Life InsuranceDistrict Court, S.D. New York · 1992
- Bavisotto v. United StatesDistrict Court, W.D. New York · 1937
- Grubiak v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1923
- Klein v. Supreme Council of Loyal Ass'nAppellate Terms of the Supreme Court of New York · 1915
2 more not listed; retrieve them via the Exa API.