Curry v. Empire Life Insurance
New York Supreme Court
Action on a policy of insurance for the sum of $5,000, issued by the defendant on the life of Walker Curry for the benefit of his wife, the plaintiff herein. At the conclusion of the trial the parties waived the jury and submitted to the court all questions of fact and law.
1Opinion of the CourtCochrane, J.
A serious question arises by reason of a discrepancy between the age of the assured as stated by him in his application for the policy and as stated by the plaintiff in the proof of death submitted to the defendant. A question is also raised by the defendant that the assured gave false answers as to his former condition of health and medical attendance. It is unnecessary to consider these questions, for the reason that the action must fail because it was not brought until nine months after the death of the assured, whereas the policy requires that it should have been brought within six months…
2Cases cited5 opinions
- Allen v. Dutchess County Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1904
- Walker v. Phœnix Insurance Co. of HartfordNew York Court of Appeals · 1898
- Magner v. Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1897
- Robinson v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Schmidt v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Reynolds v. Detroit Fidelity & Surety Co.Court of Appeals for the Sixth Circuit · 1927