Ames v. Manhattan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edwin A. Ames, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 28th day of February, 1898, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Rumsey, J.:
The plaintiff was the assignee of a policy of life insurance, issued by the defendant to one Henry A. Ostermoor upon the life of Ostermoor, payable to his personal representatives, and by Ostermoor assigned to the plaintiff. The defense substantially was that there was a breach of warranty by Ostermoor, who made untrue statements in the application. The defendant also claimed that there was an agreement that the policy should not take effect unless it was issued during the good health of the person to be insured, and that at the time it was issued to Ostermoor on the étli of…
2Cases cited4 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- Flynn v. . Equitable Life Ins. Co.New York Court of Appeals · 1879
- Holden v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Meyer v. JohnsonCalifornia Court of Appeal · 1935
- Genung v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Thompson v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Peck v. Washington Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
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