Legal Opinion

Markgraf v. Fellowship of Solidarity

New York Supreme Court

Decided March 15, 1909PublishedCited by 1 opinion

Motions by both parties for the direction of a verdict.

1Opinion of the CourtKelly, J.

At the conclusion of the trial both parties moved for the direction of a verdict. It appears that the defendant agreed with the assured that the premium should be paid in monthly instalments of eleven dollars and ten cents, half of which, five dollars and fifty-five cents, was payable in cash, and the balance charged against the assured. The policy was issued April 1,1907, the assured died August 11, 1907, and the question to be decided is whether he was a member of the defendant association at the date of his death. Defendant claims that he had not paid the instalment necessary to carry the…

2Cases cited2 opinions

  1. De Frece v. National Life InsuranceNew York Court of Appeals · 1892
  2. Kelly v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Raab v. National Slavonic Society of United StatesAppellate Terms of the Supreme Court of New York · 1915

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