Legal Opinion

McElwain v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 3 opinions

Appeal by the plaintiff,. Sarah J. McElwain, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Monroe on the 8th day of December; 1897, upon the decision of the court rendered after a trial at the Monroe Trial Term before the court without a jury.

1Opinion of the Court

Per Curiam :

This action was brought to recover the premiums paid by the plaintiff upon a policy of life insurance issued by the defendant upon the life of the plaintiff’s husband, upon the ground that the insured had not signed the application for the policy, and had no knowledge of and never consented to such insurance.

Issue was joined by the service of the defendant’s answer, and upon the trial the plaintiff’s complaint was dismissed, for the reason that the facts stated therein did not constitute a cause of action. For the purposes of this appeal, therefore, all the allegations of the…

2Cases cited3 opinions

  1. Sage v. . CulverNew York Court of Appeals · 1895
  2. Spies v. MichelsenAppellate Division of the Supreme Court of the State of New York · 1896
  3. Wells v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by3 opinions

  1. McElwain v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
  2. Anderson v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1973
  3. New York Life Ins. Co. v. CrumptonSupreme Court of Alabama · 1935

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