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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 28, 1935

StatusPublished

This text of 245 A.D. 43 (Forster v. John Hancock Mutual Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

245 A.D. 43, 280 N.Y.S. 400, 1935 N.Y. App. Div. LEXIS 10216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forster-v-john-hancock-mutual-life-insurance-nyappdiv-1935.