Beglin v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in holding admissible the board of health record of the cause of Esther Horan’s death. (Code Civ.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in holding admissible the board of health record of the cause of Esther Horan’s death. (Code Civ. Pro. § 834; Davis v. Supreme Lodge, 165 N. Y. 159; Pease Co. v. Kesler, 21 App. Div. 631; Lawlor v. French, 14 Misc. Rep. 497; Weber v. Railway, 12 App.…
1Opinion of the CourtHaight, J.
This action was brought to recover on a policy of insurance issued by the United States Industrial Company on the life of Catherine T. Beglin, and assumed by the defendant according to its terms. The policy was issued on the 10th day of April, 1897, and Catherine T. Beglin died on the 12th day of June, 1899.
The written application for insurance contained, among other questions, the following: “ Has either parent or any brother or sister died of consumption or any pulmonary or constitutional disease ? ” To this question the applicant answered in the negative. Under the terms of the application…
2Cases cited2 opinions
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1891
3Cited by31 opinions
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- ULM v. Moore-McCormack Lines, Inc.Court of Appeals for the Second Circuit · 1940
- Bozicevich v. Kenilworth Mercantile Co.Utah Supreme Court · 1921
- California State Life Insurance v. FuquaArizona Supreme Court · 1932
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
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