Smith v. . Aetna Life Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 5 Lans., 545.) Action upon a policy of insurance issued by defendant for $2,000, upon the life of Jonathan C. Smith, father of plaintiff. The material facts are set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, setting aside a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 5 Lans., 545.) Action upon a policy of insurance issued by defendant for $2,000, upon the life of Jonathan C. Smith, father of plaintiff. The material facts are set forth in the opinion. If the order of Supreme Court was correct it should have been only on payment of costs; this should be corrected here. (Graham’s Practice, [2d ed.] 635; 12 Mod., 370; 1 Burr., 12, 393; 3 Cow., 342; 1 Graham &…
1Opinion of the CourtPeckham, J.
The action was upon a policy of insurance applied for by the plaintiff on the 19th day of January, 1867, upon the life of his father, J. C. Smith ; policy issued February 11th, 1867, and the insured died May 11th, same year.
In the application for insurance, plaintiff stated that his father “ is now in good health, of sound body and mind, and usually enjoys good health, * * * and that I have not concealed, withheld or misrepresented any material circumstance in relation to the past or present state of his health or condition which may render an assurance of his life more than usually…
2Cited by30 opinions
- Medinger v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Pellon v. Connecticut General Life InsuranceSupreme Court of Vermont · 1933
- Mulligan v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
- Polachek v. New York Life InsuranceNew York Supreme Court · 1933
- Meacham v. New York State Mutual Benefit Ass'nNew York Court of Appeals · 1890
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