Hanna v. Mutual Life Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mutual Life Association of the City of Brooklyn, N. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 14th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Albany, and also from an order entered in said clerk’s office on the 9tli day of June, 1896, denying the defendant’s…
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Appeal by the defendant, the Mutual Life Association of the City of Brooklyn, N. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 14th day of April, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Albany, and also from an order entered in said clerk’s office on the 9tli day of June, 1896, denying the defendant’s piotion for a new trial made upon the minutes.
1Opinion of the Court
Parker, P. J.:
The action is brought upon a policy of insurance issued by the defendant to Edward Hanna upon his life, for the benefit of his wife, the plaintiff in this action.
Payment'is resisted upon the ground that Edward Hanna, at the time he made application for the insurance, falsely warranted, among other things, that Dr. Zeh, the physician who certified to the condition of his health on such application, was his attending physician ; that he had not been prescribed for or attended by any other physician within four years then last past; that for the year then last past he had been in…
2Cases cited2 opinions
- Phillips v. New York Life InsuranceNew York Supreme Court · 1890
- Story v. United Life & Accident InsuranceNew York Supreme Court · 1889
3Cited by3 opinions
- Clements v. Connecticut Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Clements v. Connecticut Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Enright v. MeyersNew York Court of General Session of the Peace · 1911