Goldschmidt v. . Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the October term, 1884, which affirmed a judgment, entered upon a verdict directed by the court. • (Reported below, 33 Hun, 441.) The nature of the afetion and the material facts are stated in the opinion. The death of the assured being proved on the trial, the burden was on the defendant to show that the policy was void and that no loss had accrued.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the October term, 1884, which affirmed a judgment, entered upon a verdict directed by the court. • (Reported below, 33 Hun, 441.) The nature of the afetion and the material facts are stated in the opinion. The death of the assured being proved on the trial, the burden was on the defendant to show that the policy was void and that no loss had accrued. (Van Valkenburgh v. Am. Popular Life Ins. Co., 16 Hun, 583; 1 Greenl. Ev., § 74 ; Piedmont and A. Life Ins. Co. v.…
1Opinion of the CourtDanforth, J.
This was an action brought by the plaintiffs, as assignees of two policies of insurance — one for $3,500, the other $1,500 — issued by the defendant upon the life of one Oscar Edler. The defense was that he came to his death by suicide, and so the defendants incurred no liability, but the answer contained an offer of judgment for $231.96, being the amount of premiums received. Upon trial of the issue the court ruled that the defense was made out, and directed a verdict for so much only as was admitted to be due. The correctness of this ruling turns upon the legal effect of answers and…
2Cases cited1 opinion
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
3Cited by34 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- Mutual Life Insurance v. DurdenCourt of Appeals of Georgia · 1911
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1891
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
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