Legal Opinion

McGinley v. United States Life Insurance

New York Court of Common Pleas

Decided June 3, 1878Published

Appeal from a judgment entered upon a verdict rendered for plaintiff at a trial of the cause, and from an order denying defendant’s motion for a new trial on the minutes. The facts are stated in the opinion.

1Opinion of the CourtLarremore, J.

The defendant issued two policies of insurance upon the life of Chas. E. McGinley for the benefit of his wife, Lydia A. McGinley, the plaintiff, upon their joint application in writing. The first policy Avas dated April 19th, 1866, for an insurance of 15000; the second Avas dated January 19th, 1871; which was a paid-up policy issued for $>100, the dividends then due on the first policy. The application above referred to Avas made the basis of the contract of insurance, Avhereby it Avas agreed that if any untrue or fraudulent allegation Avas contained in the application, or in answers to the…

2Cases cited10 opinions

  1. Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
  2. Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
  3. Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
  4. Valton v. . the National Fund Life Assurance CompanyNew York Court of Appeals · 1859
  5. Swift v. . Massachusetts Mutual Life Ins. Co.New York Court of Appeals · 1875

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