McElwain v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah J. McElwain, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 1st day of June, 1899* upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 26th day of June, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The action was brought to recover premiums paid by plaintiff upon a policy of insurance issued by the defendant upon the life of tlie plaintiff’s husband. The ground upon which the plaintiff sought to recover was that the policy was void, and had been so since it was issued, and the defendant, never having been liable upon the policy* was not entitled to receive or retain the premiums so paid.
The policy was issued June 8, 1891. The premiums were paya* *64ble twenty-five cents a week, and were paid until April 3, 1897, when the plaintiff was advised of the invalidity of the policy,…
2Cases cited3 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- McElwain v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Wells v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by8 opinions
- Supreme Lodge Knights of Pythias v. NeeleyCourt of Appeals of Texas · 1911
- Dougherty v. Equitable Life Assurance Society of the United StatesNew York Supreme Court · 1932
- Weber v. Ancient Order of PyramidsMissouri Court of Appeals · 1904
- Hall v. Prudential InsuranceNew York Supreme Court · 1911
- Stage v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
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