Hamm v. Prudential Insurance
Appellate Division of the Supreme Court of the State of New York
.. Appeal by the plaintiff, George R. Hamm, from a judgment of the County Court of Columbia county in favor of the defendant, entered in the office of the clerk of said county on the 21st day of September, 1909, reversing a judgment of the City Court of the city of.Hudson in favor of the plaintiff.
1Opinion of the Court
Shith, P. J.:
The action is brought to recover back certain premiums paid by the plaintiff upon a life insurance policy issued by the defendant. At the time the policy was. taken the plaintiff was about seventeen years of age. After having paid certain sums thereupon, while still an infant, he assumed to rescind the contract by reason of his minority and asks to recover back the moneys paid as premiums. The defense is that this was a binding contract under section 55 of the Insurance Law (Laws of 1892, chap. 690), as amended by chapter 437 of the Laws of 1902. The provision referred to is as…
2Cited by3 opinions
- Shields v. GrossNew York Court of Appeals · 1983
- In re RooneyNew York Surrogate's Court · 1933
- Equitable Trust Co. v. MossAppellate Division of the Supreme Court of the State of New York · 1912