Appellate Division of the Supreme Court of New York, 1935

Forster v. John Hancock Mutual Life Insurance

Forster v. John Hancock Mutual Life Insurance
Appellate Division of the Supreme Court of New York · Decided May 28, 1935
245 A.D. 43; 280 N.Y.S. 400; 1935 N.Y. App. Div. LEXIS 10216

Counsel

Roy P. Ohlin and Mason O. Damon, for the appellant., J. H. Dominick, for the respondent.

Forster v. John Hancock Mutual Life Insurance

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.