Grattan v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16,1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 28 Hun, 430.) This action was brought upon a policy of insurance issued by defendant upon the life of Hugh P. Grattan, plaintiff’s intestate.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 16,1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Mem. of decision below, 28 Hun, 430.) This action was brought upon a policy of insurance issued by defendant upon the life of Hugh P. Grattan, plaintiff’s intestate. The defense was alleged breaches of warranty contained in the application; this warranted that all the answers to questions therein and to those in the examiner’s report “ are fair and true, without omission,…
1Opinion of the CourtFinch, J.
The defendant resists the verdict rendered in this action upon numerous grounds, the first of which is, that there was a breach of warranty by the insured as to the health of his brother Terence; that there was no conflict of evidence to carry the question to the jury; and that the charge of the court upon the subject was erroneous. There was much and very strong evidence that, for a considerable period just before the warranty of the applicant that his brother’s health was good, Tei'ence was in fact ill, and was emaciated, weak, and had a consumptive cough. His employers so testify, and…
2Cases cited9 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Edington v. . Aetna Life Ins. Co.New York Court of Appeals · 1879
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Matter of Roge v. ValentineNew York Court of Appeals · 1939
- Briesenmeister v. Supreme Lodge Knights of Pythias of the WorldMichigan Supreme Court · 1890
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
57 more not listed; retrieve them via the Exa API.