Stilwell v. . Mutual Life Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. The nature of the action and the facts appear sufficiently in the opinion. No cause of action exists unless fraud is shown. (Higbie v. Guardian Co., 53 N. Y., 603; Baker v. Home Co., 64 id., 648; Jeffries v. Ins.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. The nature of the action and the facts appear sufficiently in the opinion. No cause of action exists unless fraud is shown. (Higbie v. Guardian Co., 53 N. Y., 603; Baker v. Home Co., 64 id., 648; Jeffries v. Ins. Co., 22 Md., 48; Etna v. France, 91 U. S., 512; Foot v. Etna, 61 N. Y., 571.) Mere weakness of intellect, if there is no fraud, is not of itself adequate ground to set aside a transaction.…
1Opinion of the Court
Church, Ch. J.
This action is brought to procure a restoration of a policy of insurance upon the life of the plaintiff’s husband, which was surrendered by him to the defendant, and the claim to recover is based upon two grounds : one, that the agent of the defendant, by means of persuasions, intimidations and threats, induced and coerced the husband, when his health and mind were impaired, to surrender the policy ; and the other that the husband surrendered it without authority. The judge before whom the case was tried found in favor of the plaintiff upon both points, and directed a judgment…
2Cases cited2 opinions
- Brass v. WorthNew York Supreme Court · 1863
- Coyle v. City of BrooklynNew York Supreme Court · 1868
3Cited by30 opinions
- Dudley v. . PerkinsNew York Court of Appeals · 1923
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
- Waterloo Lumber Co. v. Des Moines InsuranceSupreme Court of Iowa · 1912
- Michelson v. Franklin Fire Insurance Co. of PhiladelphiaMassachusetts Supreme Judicial Court · 1925
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