Klein v. Prudential Insurance of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1914, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to receive the testimony of the physician who attended the deceased during his lifetime in his professional capacity. (Meyer v. Knights of Pythias, 178 N. Y. 63; Holden v. Met.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1914, affirming a judgment in favor of defendant entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to receive the testimony of the physician who attended the deceased during his lifetime in his professional capacity. (Meyer v. Knights of Pythias, 178 N. Y. 63; Holden v. Met. L. Ins. Co., 165 N. Y. 13.) It was not error to admit the evidence of Dr. Schoen. (Patten v. United Life & Acc. Ins. Assn.,…
1Opinion of the CourtChase, J.
On January 6, 1913, the plaintiff’s husband made written application to the defendant company for a policy of insurance on his life payable to the plaintiff, the premium for which was thirteen dollars payable quarterly in advance. In his application he declared “ That the policy herein applied for shall be accepted subject to the privileges and provisions therein contained, the said policy shall not take effect until the same shah be issued and delivered by the said company, and the first premium paid thereon in full, while my health is in the same condition as described in this application.”
A…
2Cases cited10 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- McClelland v. . Mutual Life Ins. Co.New York Court of Appeals · 1916
- Patten v. United Life & Accident InsuranceNew York Court of Appeals · 1892
- People v. . AustinNew York Court of Appeals · 1910
- Nelson v. . Village of OneidaNew York Court of Appeals · 1898
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3Cited by52 opinions
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Dillenbeck v. HessNew York Court of Appeals · 1989
- People v. DecinaNew York Court of Appeals · 1956
- Williams v. Roosevelt HospitalNew York Court of Appeals · 1985
- Travelers Insurance v. PomerantzNew York Court of Appeals · 1927
47 more not listed; retrieve them via the Exa API.