McGinley v. . United States Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Mew York, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a policy of life insurance. The facts appear sufficiently in the opinion.
1Opinion of the Court
Miller J.
The principal question which was controverted upon the trial of this case related to the answer made by the applicant, upon the taking out of the policy, to the question put to him whether his habits of life were temperate or otherwise ; to which the answer was given that he was temperate. It was claimed that this was false and fraudulent ; and the testimony mainly related to the fact whether at the time the policy was issued, the representation thus made was false and untrue. The judge, in his charge, presented this question to the consideration of the jury, and after discussing…
2Cited by16 opinions
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Davenport v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- Kinner v. WhippleAppellate Division of the Supreme Court of the State of New York · 1908
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
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