White v. Metropolitan Life Insurance Co.

Supreme Court of New Jersey

White v. Metropolitan Life Insurance Co.

196 A. 654, 119 N.J.L. 348, 1938 N.J. LEXIS 274

DecidedJanuary 26, 1938

StatusPublished

This text of 196 A. 654 (White v. Metropolitan Life Insurance Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. Metropolitan Life Insurance Co., 196 A. 654, 119 N.J.L. 348, 1938 N.J. LEXIS 274 (N.J. 1938).

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Opinion

Per Curiam.

The appeal is by defendant from a judgment for the plaintiff entered upon a directed verdict in the Essex Circuit. The case had earlier been before us on plaintiff’s appeal from judgment on a nonsuit. The opinion of this court thereon is reported in 118 N. J. L. at p. 149, and the nature of the cause may be gathered therefrom. Proofs at the second trial were submitted by both plaintiff and defendant and were of the same general character as at the first although amplified and in somewhat greater detail. The trial court, on the motion to direct, imputed to Alfred White a mental attitude which we think was not necessarily that which a jury would have found. The determination of the fact was not for the court. Our conclusion is that the case was again one for the' jury.

The judgment is reversed. The record will be remitted for a retrial.

For affirmance■ — -None.

*349 For reversal — The Chancellor, Chiee Justice, Parker, Lloyd, Case, Bodine, Donges, Heher, Perskie, Dear, Wells, WolesKeil, Raeeerty, JJ. 13.

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Per Curiam.

The appeal is by defendant from a judgment for the plaintiff entered upon a directed verdict in the Essex Circuit. The case had earlier been before us on plaintiff’s appeal from judgment on a nonsuit. The opinion of this court thereon is reported in 118 N. J. L. at p. 149, and the nature of the cause may be gathered therefrom. Proofs at the second trial were submitted by both plaintiff and defendant and were of the same general character as at the first although amplified and in somewhat greater detail. The trial court, on the motion to direct, imputed to Alfred White a mental attitude which we think was not necessarily that which a jury would have found. The determination of the fact was not for the court. Our conclusion is that the case was again one for the' jury.

The judgment is reversed. The record will be remitted for a retrial.

For affirmance■ — -None.

*349 For reversal — The Chancellor, Chiee Justice, Parker, Lloyd, Case, Bodine, Donges, Heher, Perskie, Dear, Wells, WolesKeil, Raeeerty, JJ. 13.

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Bluebook (online)

196 A. 654, 119 N.J.L. 348, 1938 N.J. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-metropolitan-life-insurance-co-nj-1938.