People v. Globe Mutual Life Insurance
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 1, 1882, which affirmed an order of Special Term dismissing a claim presented by James C. Mix upon the fund in the hands of the receiver of the defendant.
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Appeal from, order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 1, 1882, which affirmed an order of Special Term dismissing a claim presented by James C. Mix upon the fund in the hands of the receiver of the defendant. " The facts were stipulated substantially as follows: Defendant was a registered policy life insurance company, organized under chapter 902, Laws of 1869. In December, 1876, said Mix entered into its. employment as general agent, under a contract by which he was to receive a specified annual salary for a term of…
1Opinion of the CourtFinch, J.
There was no breach of the contract between Mix and the insurance company by either of the parties. It was in process of continued performance according to its terms, and was unbroken at the moment when the in junction order was served. That operated upon both parties at the same instant, and perpetuated the then existing rights and conditions. Before its service the company had done nothing to prevent performance, and we must assume was both ready and able to perform. It had done no act which amounted to a refusal, or which made it unable to carry out its contract. For aught that appears it…
2Cases cited3 opinions
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- People v. . National Trust Company, Etc.New York Court of Appeals · 1880
- Jones v. KnowlesSupreme Judicial Court of Maine · 1849
3Cited by87 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- People v. . American Loan Trust Co.New York Court of Appeals · 1902
- In Re the Arbitration Between Knickerbocker Agency, Inc. & HolzNew York Court of Appeals · 1958
- People v. . Metropolitan Surety Co.New York Court of Appeals · 1912
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