Liesny v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 24th day of January, 1914, upon the verdict of a jury, and also from so much of an order entered in said clerk’s office on the 2d day of September, 1914, as denies defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Metropolitan Life Insurance Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 24th day of January, 1914, upon the verdict of a jury, and also from so much of an order entered in said clerk’s office on the 2d day of September, 1914, as denies defendant’s motion for a new trial made upon the minutes. Appeal by the plaintiff, Sophia Liesny, from so much of the order, entered on the 2d day of September, 1914, as overrules her preliminary objections to the power of the court to pass…
1Opinion of the Court
Kruse, P. J.:
The plaintiff seeks to recover upon a life insurance policy of $500, issued by the defendant. March 31, 1908, upon the life of her husband, who died February 14, 1910, in which she is named as the sole beneficiary.
The case comes here for the second time. Upon the first trial the jury rendered a verdict of no cause of action, but upon appeal this court granted a new trial upon the exception of plaintiff’s counsel to the refusal to charge that the non-payment of a premium and the forfeiture of a policy are affirmative defenses which must be established by the defendant by a…
2Cases cited4 opinions
- Adam v. . Manhattan Life Ins. Co.New York Court of Appeals · 1912
- Liesny v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
- Schuell v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Liesny v. Metropolitan Life InsuranceNew York Supreme Court · 1914
3Cited by6 opinions
- First American Bank & Trust of Louisiana v. Texas Life Insurance CompanyCourt of Appeals for the First Circuit · 1994
- Bank Savings Life Insurance v. BakerSupreme Court of Kansas · 1926
- Brown v. Travelers InsuranceCity of New York Municipal Court · 1935
- Davis v. Northwestern Mutual Life InsuranceNew York Supreme Court · 1917
- Reich v. Bankers Life & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1984
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