Legal Opinion

Sparer v. Travelers Insurance of Hartford

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

Decided January 10, 1919PublishedCited by 19 opinions

Appeal by the defendant, The Travelers Insurance Company of Hartford, Connecticut, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of May, 1918, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 31st day of May, 1918, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Page, J.:

The action is brought by the widow of Hery Sparer to recover upon a policy of life insurance issued by the defendant upon his life, dated May 15, 1917. Sparer died December 15, 1917, after an operation for cancer of the stomach in St. Mark’s Hospital. In answer to the questions in his application which is annexed to and becomes a part of the policy, Sparer answered as follows: “ 11. I am in sound condition mentally and physically.' I have never had any bodily or mental infirmity or deformity — except as herein stated. No.

“ 12. I have not been disabled nor have I received medical or…

2Cases cited5 opinions

  1. Bloomquist v. . FarsonNew York Court of Appeals · 1918
  2. Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917
  3. Patten v. United Life & Accident InsuranceNew York Court of Appeals · 1892
  4. Armour v. Transatlantic Fire Insurance Co. of Hamburg, GermanyNew York Court of Appeals · 1882
  5. Stanulevich v. St. Lawrence Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by19 opinions

  1. Darling v. Pacific Electric Railway Co.California Supreme Court · 1925
  2. People v. DecinaNew York Court of Appeals · 1956
  3. Process Plants Corp. v. Beneficial National Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  4. Kaplan v. Manhattan Life Ins. Co. of New YorkCourt of Appeals for the D.C. Circuit · 1939
  5. Walsh v. Connecticut Mut. Life Ins. Co.District Court, E.D. New York · 1939

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