Reilly v. Empire Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin J. Reilly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 29th day of October, 1903, upon the verdict of a jury rendered by direction of the court after a trial at the Westchester Trial Term, and also from an order entered in said clerk’s office on the 29th day of October, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
This is an action by the beneficiary to recover the amount of an insurance policy on the life of the insured. The application for insurance upon the life of the insured stated that he was born November 22,1845. The defendant offered proof tending to show that the insured was born prior to or during the year 1842. In rebuttal, the son of the insured, the plaintiff herein, was called and stated that he was present at the time that application for the insurance was made. The subsequent proceedings are related thus in the record: “ Q. Will you state whether your father said anything…
2Cases cited3 opinions
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Bernard v. United Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- O'Farrell v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Moak v. Continental Casualty Co.Court of Appeals of Tennessee · 1927
- Fosmark v. Equitable Fire Ass'nSouth Dakota Supreme Court · 1909
- Sweeney v. Independent Order of ForestersAppellate Division of the Supreme Court of the State of New York · 1920
- Reilly v. Empire Life Ins.Appellate Division of the Supreme Court of the State of New York · 1906