Schmitt v. National Life Ass'n
New York Supreme Court
Appeal from circuit court, Fulton county. Action by John A. Schmitt against the National Life Association on two policies of insurance. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtPutnam, J.
On the trial of this case, after the evidence was-closed, the defendant’s counsel moved that the answer of the defendant be amended to conform to the proofs in the case in regard to the age of the assured, the proofs of death, showing without contradiction that the assured was born in 1841, while the application for insurance stated that he was born in 1842. No objection appears to have been made to this application, and it was granted by the court, and the answer was amended by inserting at the end thereof the following clause:
“That in and by the terms of the said application to the said…
2Cases cited5 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Parmelee v. . Hoffman Fire Ins. Co.New York Court of Appeals · 1873
- Boland v. Industrial Benefit Ass'nNew York Supreme Court · 1893
- National Life Ass'n v. SturtevantNew York Supreme Court · 1894
3Cited by6 opinions
- Bowen v. Preferred Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Proppe v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1895
- Bowen v. Preferred Acc. Ins.Appellate Division of the Supreme Court of the State of New York · 1903
- Woods v. Sovereign Camp of Woodmen of the WorldAppellate Division of the Supreme Court of the State of New York · 1919
- Home Beneficial Ass'n v. McClainCourt of Appeals of Tennessee · 1935
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