Holden v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, Saratoga county. Action by Mary C. Holden against the Metropolitan Life Insurance Company. From a judgment entered on a verdict directed for defendant, plaintiff appeals.
1Opinion of the CourtMerwin, J.
This action was brought upon a policy of insurance issued by the defendant on the 29th May, 1893, upon the life of Charles E. Harris, in the sum of $2,500, payable to his legal representatives. The plaintiff, by assignment from Harris and from his legal representatives, is the owner of whatever is recoverable on the policy. In the answer, it is alleged, by way of defense, among other things, that in the application made by Harris, which was a part of the contract of insurance, he warranted that none of his brothers had ever had consumption, whereas, in truth and in fact, one James H. Harris,…
2Cases cited4 opinions
- Hunt v. BlackburnSupreme Court of the United States · 1888
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Owens v. . Holland Purchase Ins. Co.New York Court of Appeals · 1874
- Dougherty v. Metropolitan Life InsuranceNew York Supreme Court · 1895
3Cited by6 opinions
- Meyer v. JohnsonCalifornia Court of Appeal · 1935
- Paulhamus v. Security Life & Annuity Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
- Northwestern Life Assurance Co. v. TietzeColorado Court of Appeals · 1901
- Northwestern Life Assurance Co. v. TietzeColorado Court of Appeals · 1901
- Webb v. Bankers' Life InsuranceColorado Court of Appeals · 1904
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