Legal Opinion

Acunto v. Equitable Life Assurance Society of United States

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1946PublishedCited by 12 opinions

1Opinion of the CourtTownley, J.

This action was brought to recover benefits provided by disability clauses included in two policies of life insurance issued by the defendant to plaintiff. The benefits included monthly payments in the event of permanent disability.

The record presents the third trial of this case. After the jury had retired, they reported that they could not agree. At that point the justice presiding gave the following additional instructions: “ * * * Each juror should listen with a disposition to be convinced to each other’s arguments, and if a much larger number were for one side, the dissenting jurors…

2Cases cited5 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Mead v. City of Richland CenterWisconsin Supreme Court · 1941
  3. Eikmeier v. BennettSupreme Court of Kansas · 1936
  4. Mt. Hamill State Savings Bank v. HughesSupreme Court of Iowa · 1923
  5. Neely v. Travelers InsuranceSupreme Court of Kansas · 1935

3Cited by12 opinions

  1. Eugene Mangan v. Broderick and Bascom Rope CompanyCourt of Appeals for the Seventh Circuit · 1965
  2. In Re SternSupreme Court of New Jersey · 1953
  3. Iverson v. Pacific American FisheriesWashington Supreme Court · 1968
  4. Pirch v. Firestone Tire & Rubber Co.New Mexico Court of Appeals · 1969
  5. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1981

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