Breasted v. . the Farmers' Loan and Trust Co.
New York Court of Appeals
This was an action brought in the supreme court in 1841 on a policy of insurance for $5000 made by the defendants upon the life of Hiram Comfort, on the 17th of April, 1839. It contained, among other provisions to avoid the policy that “ in case the assured shall die by his own hands, or in consequence of a duel, or by the hands of justice, or in the known violation of any law,” it should be void.
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This was an action brought in the supreme court in 1841 on a policy of insurance for $5000 made by the defendants upon the life of Hiram Comfort, on the 17th of April, 1839. It contained, among other provisions to avoid the policy that “ in case the assured shall die by his own hands, or in consequence of a duel, or by the hands of justice, or in the known violation of any law,” it should be void. The policy was set out in the declaration and it was averred that on the 25th of June, 1839, the assured died at Catskill “ not by his own hand.” The defendants pleaded the general issue and special…
1Opinion of the CourtWillard, J.
The question raised by the decision of the referees is substantially the same as that decided by the supreme court on the demurrer. (4 Hill, 73.) It will be unnecessary, therefore, to give to each a separate examination.
It is material to determine, in the first place, what is meant by the term death hy his own hand, which is to avoid the policy. If the words are construed according to the letter, an accidental death occasioned by the instrumentality of the hand of the insured would fall within the exception. Thus, should the insured by mistake swallow poison and thereby terminate his life,…
2Cited by21 opinions
- Tate v. CanonicaCalifornia Court of Appeal · 1960
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Van Zandt v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1873
- Mutual Benefit Life Ins. v. Daviess' Ex'rCourt of Appeals of Kentucky · 1888
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