Murray v. . New York Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict and affirmed an order and denying a motion for a new trial. This action was brought upon two policies of insurance issued by defendant upon the life of Wisner Murray. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict and affirmed an order and denying a motion for a new trial. This action was brought upon two policies of insurance issued by defendant upon the life of Wisner Murray. The material facts are stated in the opinion. Where there is no conflict in the evidence upon a material point, the question whether it is sufficient to support the verdict is one of law, and may be considered at…
1Opinion of the CourtAndrews, J.
The policies upon the life of Wisner Murray, each contain a condition that if the assured “ shall die in, or in consequence of a duel, or of the violation of the laws of any nation, State, or province,” the policy shall be void. The assured died from a pistol shot from a pistol in the hands of one Berdell, upon whom the deceased and his brother had committed a violent assault, and the defense is based upon this condition in the policy. It is an undisputed fact that the brothers, acting in concert, planned the assault upon Berdell. They stationed themselves in the waiting-room of the station…
2Cases cited1 opinion
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
3Cited by42 opinions
- People v. MateoNew York Court of Appeals · 2004
- People v. . SullivanNew York Court of Appeals · 1903
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- State v. HummelUtah Supreme Court · 2017
- State v. SouhradaMontana Supreme Court · 1949
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