McCollum v. New York Mutual Life Insurance
New York Supreme Court
Appeal from circuit court, Niagara county. Action .by Mary B. McCollum, administratrix, against the Mutual Life Inpurance Company of New York, upon policies of insurance issued by the defendant to plaintiff’s intestate. Appeal from a judgment upon a verdict for defendant, and also from an order denying plaintiff’s motion for a new trial. Plaintiff appeals.
1Opinion of the CourtMacomber, J.
This action is brought upon 10 policies of insurance, of $5,000 each, issued by the defendant to William S. McCollum, December 22, 1885, the loss in each policy payable to his personal representatives. The defenses are; (1) Within two months after the issuing of the policies, and in the month of February, 1886, the defendant rescinded the contract of insurance, and offered to return to the insured the premium which he had paid upon each policy, upon the ground that the policies were secured by fraud; (2) a breach of warranty in the application for such insurance, wherein the insured…
2Cases cited6 opinions
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- National Life Ins. Co. v. . MinchNew York Court of Appeals · 1873
- Chase v. . the Hamilton Insurance CompanyNew York Court of Appeals · 1859
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Meier v. New Jersey Life InsuranceSupreme Court of New Jersey · 1986
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Lyon v. United ModernsCalifornia Supreme Court · 1906
- Lewis v. New York Life InsuranceCourt of Appeals of Kansas · 1919
6 more not listed; retrieve them via the Exa API.