Monsell v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Monsell v. Metropolitan Life Insurance

173 A.D. 902, 157 N.Y.S. 1136

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

DecidedMarch 15, 1916

StatusPublished

This text of 173 A.D. 902 (Monsell v. Metropolitan 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

Monsell v. Metropolitan Life Insurance, 173 A.D. 902, 157 N.Y.S. 1136 (N.Y. Ct. App. 1916).

Pincite

Opinion

Judgment and order of the City Court of Yonkers reversed and new trial ordered, costs to abide the event, upon the ground that the greater weight of the evidence established that the insured had had consumption prior to the date of the policy in suit, and had been treated by a physician for such serious disease, and was then not in souud health, but was suffering from said disease. We do not decide that the testimony of the witnesses Dobbs and Trotter would haye been competent if properly [903]*903objected to. Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.

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Judgment and order of the City Court of Yonkers reversed and new trial ordered, costs to abide the event, upon the ground that the greater weight of the evidence established that the insured had had consumption prior to the date of the policy in suit, and had been treated by a physician for such serious disease, and was then not in souud health, but was suffering from said disease. We do not decide that the testimony of the witnesses Dobbs and Trotter would haye been competent if properly [903]*903objected to. Jenks, P. J., Thomas, Stapleton, Mills and Putnam, JJ., concurred.

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Bluebook (online)

173 A.D. 902, 157 N.Y.S. 1136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monsell-v-metropolitan-life-insurance-nyappdiv-1916.