Butler v. Michigan Mutual Life Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The false statements in question being warranties, knowledge on the part of any agent of the company will not aid plaintiff to recover.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 27, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The false statements in question being warranties, knowledge on the part of any agent of the company will not aid plaintiff to recover. (Foote v. A. L. Ins. Co., 61 N. Y. 571; Cushman v. U. S. L. Ins. Co., 63 N. Y. 404; Schane v. M. L. Ins. Co., 76 App. Div. 271;…
1Opinion of the Court
Culler, Ch. J.
The action was brought to recover the amount of a life insurance policy; the defense breach of warranty, in that the statements made to the medical examiner were false. As the decision of the Appellate Division was unanimous, and there are no exceptions to rulings on evidence, the only question before us arises on the charge of the trial court. But that'question goes to the whole merits of the case.
The falsity of the answers to the questions by the medical examiner was proved by the defendant and not controverted on the trial. To avoid the effect of this defense, the plain tiff…
2Cases cited3 opinions
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Weisser v. . DenisonNew York Court of Appeals · 1854
- Welsh v. . German American BankNew York Court of Appeals · 1878
3Cited by11 opinions
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Shaughnessy v. New York Life InsuranceSupreme Court of Minnesota · 1925
- Bratley v. Brotherhood of American YeomenSupreme Court of Minnesota · 1924
- Johnson v. BlumerWisconsin Supreme Court · 1924
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