Edington v. . Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term in the fourth judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on verdict. (Reported below, 5 Hun, 1.) This action was brought to recover the amount of four policies of insurance issued by the defendant upon the life of William F. Diefendorf for his benefit, and by him assigned to the plaintiff.
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Appeal from judgment of the General Term in the fourth judicial department in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on verdict. (Reported below, 5 Hun, 1.) This action was brought to recover the amount of four policies of insurance issued by the defendant upon the life of William F. Diefendorf for his benefit, and by him assigned to the plaintiff. The policies were issued in 1867; the first one in July, 1867. The assured died on the 21st day of March, 1871. All of said policies were issued upon the application of Diefendorf, and each…
1Opinion of the CourtMiller, J.
Humerous objections were made upon the trial, to the rulings of the judge, in regard to the admission of evidence, and these decisions are properly the first subject for consideration. It is claimed that the court erred in overruling the objection of the defendant to the admission of the several policies of insurance, without the applications upon which they were founded and which it is insisted were the basis of and formed a part and parcel of the same. Each of the policies recites that in consideration of the representations made on the application for the same, the insurance is made, but…
2Cases cited9 opinions
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Hewit v. PrimeNew York Supreme Court · 1839
- Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875
- Rich v. RichNew York Supreme Court · 1837
- Booth v. . SwezeyNew York Court of Appeals · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Dillenbeck v. HessNew York Court of Appeals · 1989
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
81 more not listed; retrieve them via the Exa API.