Elliot v. Mutual Benefit Life Ass'n of America
New York Supreme Court
Appeal from, circuit court, New York county. Action by John T. Elliot, as administrator, against the Mutual Benefit Life Association of America on a policy of insurance. The complaint was dismissed, and plaintiff appeals. Affirmed.
1Opinion of the CourtO’Brien, J.
The action was brought to recover on a policy of insurance for $5,000, delivered by defendant to one Charles C. Blummer on August 1, 1887, and assigned to one Charles H. Elliot. Blummer died January 8, 1890, and Elliot on June 9, 1891, and thereafter letters of administration were taken out by the appellant. The defenses to the action were that defendant was imposed upon by Blummer by the suppression of facts which he should have divulged, and by false and fraudulent statements and misrepresentations, which constituted breaches of warranty, and that the claim was barred by a special contract…
Also in this document: Concurrence.
2Cited by2 opinions
- Breeze v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Higgins v. John Hancook Mutual Life Insurance Co.City of New York Municipal Court · 1897