Miller v. Fellenstein

Appellate Division of the Supreme Court of New York

Miller v. Fellenstein

259 A.D. 867, 19 N.Y.S.2d 959

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

DecidedMay 17, 1940

StatusPublished

This text of 259 A.D. 867 (Miller v. Fellenstein) 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

Miller v. Fellenstein, 259 A.D. 867, 19 N.Y.S.2d 959 (N.Y. Ct. App. 1940).

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Opinion

Per Curiam.

The evidence establishes that the plaintiff was not incapacitated by any illness when he executed the assignment of the policy in the Metropolitan Life Insurance Company in July, 1933. We are of opinion that so much of the judgment as declares that assignment to have been procured by fraud is against the weight of the credible evidence.

The judgment should be modified by striking out so much as declares invalid the assignment of the policy in the Metropolitan Life Insurance Company, and as so modified affirmed, without costs.

Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously modified by striking out so much thereof as declares invalid the assignment of the policy in the Metropolitan Life Insurance Company, and as so modified affirmed, without costs. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded.

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Per Curiam.

The evidence establishes that the plaintiff was not incapacitated by any illness when he executed the assignment of the policy in the Metropolitan Life Insurance Company in July, 1933. We are of opinion that so much of the judgment as declares that assignment to have been procured by fraud is against the weight of the credible evidence.

The judgment should be modified by striking out so much as declares invalid the assignment of the policy in the Metropolitan Life Insurance Company, and as so modified affirmed, without costs.

Present — Martin, P. J., O’Malley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously modified by striking out so much thereof as declares invalid the assignment of the policy in the Metropolitan Life Insurance Company, and as so modified affirmed, without costs. Settle order on notice, reversing findings inconsistent with this determination, and containing such new findings of fact proved upon the trial as are necessary to sustain the judgment hereby awarded.

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Bluebook (online)

259 A.D. 867, 19 N.Y.S.2d 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-fellenstein-nyappdiv-1940.