Weed v. . Mutual Benefit Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on exceptions. e This action was upon a policy of life insurance issued by defendant upon the life of James M. Benedict, and assigned by the insured to plaintiff.
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Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of defendant, entered upon an order denying a motion for a new trial and directing judgment on exceptions. e This action was upon a policy of life insurance issued by defendant upon the life of James M. Benedict, and assigned by the insured to plaintiff. The policy contained a clause that, in case the insured should “ die by his own hand,” the policy should “ be void, null, and of no effect.” The insured committed suicide. It was claimed by plaintiff that the deceased, at the time of the commission…
1Opinion of the CourtAllen, J.
That the insured “ died by his own hand” is not disputed, and by this act the policy was avoided, unless his mind was so impaired that he did not understand the consequences of his action, and that death would ensue. If he exercised volition, was capable of forming an intention, and with full knowledge that death would follow his action, his mind concurring in the act, he voluntarily destroyed his own life, the policy by its terms became “null and void, and of no effect” (Van Zandt v. Mut. Ben. L. Ins. Co., 55 N. Y., 169; McClure v. Mut. L. Ins. Co., id., 651.)
If the evidence in behalf of the…
2Cases cited1 opinion
- Van Zandt v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1873
3Cited by16 opinions
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Koch v. FoxAppellate Division of the Supreme Court of the State of New York · 1902
- Roche v. . NasonNew York Court of Appeals · 1906
- Lee v. StateNew York Court of Claims · 1946
- In re the Estate of PinnockNew York Surrogate's Court · 1975
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