De Marco v. John Hancock Mutual Life Insurance
This text of 146 Misc. 117 (De Marco v. John Hancock Mutual Life Insurance) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It was a condition precedent to recovery that proof of death be filed with the defendant. Its admissions against interest are binding on the plaintiff; unless explained they are conclusive evidence of the truth of its contents. (Cirrincioni v. Metropolitan Life Ins. Co.,223 App. Div. 461; Vecchio v. Metropolitan Life Ins. Co., 224 id. 301.)
Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.
All concur; present, Lydon, Levy and Callahan, JJ.
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Cite This Page — Counsel Stack
146 Misc. 117, 261 N.Y.S. 742, 1932 N.Y. Misc. LEXIS 1735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-marco-v-john-hancock-mutual-life-insurance-nysupct-1932.