Carmichael v. John Hancock Mutual Life Insurance
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from, a judgment of the City Court of the city of Yew York, rendered in favor of the plaintiff, upon a verdict, and from an order denying a motion for a new trial.
1Opinion of the CourtBischoff, J.
The action being upon a policy of life insurance, with a defense of breach of warranty as to the truthfulness of the insured’s answers in the application for the insurance, the defendant offered in evidence the certificate of the attending physician, which had been delivered by the plaintiff to the defendant as a part of the proofs of death under the policy. The paper, which showed a cause of death inconsistent with the truth of the answers warranted by the application, was excluded and the exception to the ruling presents reversible error.
The certificate of the attending physician, when made…
2Cases cited6 opinions
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- Hanna v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1896
- Ames v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
- Robinson v. Supreme CommanderyAppellate Division of the Supreme Court of the State of New York · 1902
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