Trudden v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Metropolitan Life Insurance Company, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the plaintiff, entered on the 19th day of June, 1901, upon the verdict of a jury.
1Opinion of the Court
Goodrich, P. J.:
On a former appeal (50 App. Div. 473), Mr. Justice Hatch writ-ing, we reversed a. judgment for the plaintiff on the ground that there had been a clear breach of warranty of the representations made.to procure the insurance, in that. George Hayes, the plaintiff’s intestate, 'stated in his application'for the insurance that he never, had disease of the kidneys and had not been attended by a physician for two years previously to such application, when the evidence showed that within a year he had been treated by a physician for acute, kidney disease which lasted two and a half…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Denton v. CarrollAppellate Division of the Supreme Court of the State of New York · 1896
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
- Cunningham v. GansNew York Supreme Court · 1894
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3Cited by3 opinions
- Kasprzyk v. Metropolitan Life Ins.New York Supreme Court · 1913
- Giltman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Cohen v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1914