Forster v. John Hancock Mutual Life Insurance

Appellate Division of the Supreme Court of New York

Forster v. John Hancock Mutual Life Insurance

245 A.D. 43, 280 N.Y.S. 400, 1935 N.Y. App. Div. LEXIS 10216

Appellate Division of the Supreme Court of the State of New York·Decided May 28, 1935·Published

Opinion

Per Curiam.

Plaintiff was erroneously permitted to testify — under objection and exception by defendant — that a premium collector for the defendant had told plaintiff not to pay any more premiums upon the insurance policy. The only purpose of offering, this testimony must have been to persuade the jury that defendant was inclined to concede that the insured was dead. The verdict for plaintiff rests upon such a slender basis that this error cannot be overlooked.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event.

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Per Curiam.

Plaintiff was erroneously permitted to testify — under objection and exception by defendant — that a premium collector for the defendant had told plaintiff not to pay any more premiums upon the insurance policy. The only purpose of offering, this testimony must have been to persuade the jury that defendant was inclined to concede that the insured was dead. The verdict for plaintiff rests upon such a slender basis that this error cannot be overlooked.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event.

Forster v. John Hancock Mutual Life Insurance, 245 A.D. 43, 280 N.Y.S. 400, 1935 N.Y. App. Div. LEXIS 10216 (N.Y. Ct. App. 1935).

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245 A.D. 43 (Forster v. John Hancock Mutual Life Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.