Frank v. . Mut. L. Ins. Co. of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made at the January term, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made at the January term, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, a married woman, to recover the surrender value of a policy of insurance issued by the defendant company to plaintiff on the life of her husband in 1869, or for a judgment requiring the company to issue a paid-up policy. The policy was assigned by plaintiff in 1875 to one Kopfer…
1Opinion of the CourtRapallo, J.
We are of opinion that the policy issued by the defendant company to the plaintiff on the life of her husband, on the 21st of January, 1869, was, under the decision of this court in Brummer v. Cohn (86 N. Y. 11), and preceding cases therein referred to, not assignable by her, and that she had the right to avoid the assignment made by her to Martin Kupfer on the 16th of September, 1875. That, consequently, the subsequent assignment made by Kupfer, with her consent, on the 17th of August, 1876, to the defendant Demond, and the surrender by him to the company on the 9th of January, 1877, were…
2Cases cited4 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Brummer v. . CohnNew York Court of Appeals · 1881
- Smillie v. . QuinnNew York Court of Appeals · 1882
- Martin v. . Tradesmen's Ins. Co.New York Court of Appeals · 1886
3Cited by14 opinions
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Brick v. . CampbellNew York Court of Appeals · 1890
- Amberg v. . Manhattan Life Ins. Co.New York Court of Appeals · 1902
- In re DiackDistrict Court, S.D. New York · 1900
- Ruckenstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1934
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