Kelly v. Connecticut Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, The Connecticut Mutual Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 22-d day of October, 1897, upon a verdict of a jury, and also from an order entered in said clerk’s office- on the 22d .day of October, 1897, denying the defendant’s motion for a new trial made Upon the minutes.
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' Appeal by the defendant, The Connecticut Mutual Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 22-d day of October, 1897, upon a verdict of a jury, and also from an order entered in said clerk’s office- on the 22d .day of October, 1897, denying the defendant’s motion for a new trial made Upon the minutes. In January, 1863, Shubal Kelly, father of the plaintiff, applied to the defendant for a policy of insurance, which was issued to him in the sum of $5,GOO, to be paid upon his death to…
1Opinion of the Court
Herrick, J.:
In determining whether the plaintiffs acts in inventorying the policy of insurance as part of the assets of his father’s estate, and in receiving the moneys due upon such policy, and in executing a release thereof to the defendant, and in distributing the proceeds of such policy amongst the creditors of the estate, were done with sufficient knowledge of the facts to preclude him from again applying to the company for the insurance upon his father’s life, a brief examination of the evidence in the case will be necessary.
There are some undisputed facts in the case. Sliubal Kelly'…
2Cases cited9 opinions
- Snell v. Insurance Co.Supreme Court of the United States · 1878
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Anderson v. . BloodNew York Court of Appeals · 1897
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Hyatt v. . ClarkNew York Court of Appeals · 1890
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3Cited by1 opinion
- Maryland Casualty Co. v. BeebeCourt of Appeals for the Tenth Circuit · 1931