Quinn v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of the County Court of the county of Westchester in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 27th day of June, 1896, upon the verdict of a jury; also from an order entered in said clerk’s office on the 27th day of June, 1896, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s…
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Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of the County Court of the county of Westchester in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 27th day of June, 1896, upon the verdict of a jury; also from an order entered in said clerk’s office on the 27th day of June, 1896, denying the defendant’s motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 16th day of July, 1896, resettling the said order.
1Opinion of the Court
Hatch, J.:
It is sought by this action to recover the sum secured to be paid to plaintiff by the terms of a policy of insurance issued by the defendant upon the life of Margaret Daly, deceased, who was an aunt of the plaintiff. The defendant seeks to avoid payment upon two grounds: First, that the answers which were given by the insured in the application for insurance were incorrect, untrue, false and fraudulent answers, representations and warranties; that, as such application formed a part of the contract of insurance and the answers therein constituted a warranty, there was a breach of the…
2Cases cited8 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Robbins v. Springfield Fire & Marine InsuranceNew York Court of Appeals · 1896
- McGurk v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Grier v. Mutual Life Insurance Co. of New YorkSupreme Court of North Carolina · 1903
- Griffin v. Prudential Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1899
- Mead v. Saratoga & Washington Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- California Ins. Co. v. BishopCourt of Appeals of Texas · 1920
4 more not listed; retrieve them via the Exa API.