Crosby v. Security Mutual Life Iunsurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sadie E. Crosby, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ontario on the 29th day of July, 1902, upon the decision of the court, rendered after a trial at the Ontario Trial Term, dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, Sadie E. Crosby, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ontario on the 29th day of July, 1902, upon the decision of the court, rendered after a trial at the Ontario Trial Term, dismissing the plaintiff’s complaint. The action was commenced on the 5th day of November, 1900, to recover the amount of a policy of insurance for $1,000 upon the life of Alfred D. Crosby, deceased, by the plaintiff, the widow of. the deceased, and the beneficiary named in the policy. -
1Opinion of the Court
McLennan, J. :
The case came on for trial at the above term, before the court and a jury. At the close of the evidence the following- took" place: u The Court: This is a pretty close case and I am inclined to think the points raised by counsel for the defendant are good. At the same time-1 would like to examine the question a little more carefully, and I make this suggestion: That counsel upon both sides consent that the case be taken from the jury, and be submitted to me, and in case the court reaches the conclusion that the case should be submitted to the jury, or that it is a question of…
2Cited by5 opinions
- Modern Woodmen of America v. MilesIndiana Supreme Court · 1912
- Federal Life Insurance v. SummergillCourt of Appeals of Georgia · 1932
- Valentini v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
- Equitable Life Assurance Society v. MinterCourt of Appeals of Georgia · 1937
- Becker v. Metropolitan Life InsuranceNew York Supreme Court · 1904