Fischer v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elise Fischer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of November, •1898, upon the verdict of a jury, and also from an order bearing date the 23d day of November, 1898, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial. .
1Opinion of the Court
Rumsey, J.:
On the 22d day of January, 1895, the Metropolitan Life Insurance Company issued to the plaintiff its policy of insurance upon the life of Wilhelm Fischer, for the amount of $1,000, to be paid to the plaintiff upon the death of the insured.
The insured died on the 7th day of February, 1897. The proofs of loss, in the form required by the policy, were duly made out and delivered to the defendant on the 18th day of February, 1897, but the defendant refused to receive them, and thereupon this action was brought to recover the amount to which the plaintiff claimed to be entitled upon the…
2Cases cited4 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- McKyring v. . BullNew York Court of Appeals · 1857
- Howard v. . MootNew York Court of Appeals · 1876
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
3Cited by10 opinions
- Hunter v. HunterIndiana Court of Appeals · 1986
- Hall v. GraysAppellate Division of the Supreme Court of the State of New York · 1929
- Rau v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Clover Crest Stock Farm, Inc. v. Wyoming Valley Fire InsuranceNew York Supreme Court · 1919
- Eberle v. LaGuardiaNew York Supreme Court · 1940
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