McArthur v. Globe Mutual Life Insurance
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of a jury, and purporting to be also from an order denying a motion for a new trial, made upon the minutes of the justice before whom the action was tried, (no such order, however, appearing in the case on appeal).
1Opinion of the Court
Talcott, P. J.:
This is an appeal from a judgment for the plaintiff, entered on a verdict taken at the Cayuga Circuit, amUalso purports to be an *349appeal from an order denying a motion for a new trial on the minutes. There is no snch order contained in the case, and no record evidence before us that any such motion or order was made, consequently this can ,only be treated as an appeal from the judgment, and only the exceptions contained in the case can be considered.
The action was upon a policy of life insurance on the life of Olin McArthur, of Fairhaven, in Cayuga county, insured by the…
2Cases cited3 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Merserau v. . Ph&338nix Mutual Life Ins. Co.New York Court of Appeals · 1876
- Flynn v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1876