Fogg v. Morris Plan Insurance Society
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of The Bronx, second district, in favor of the plaintiff, entered upon the verdict of a jury, and from an order denying defendant’s motion for a new trial.
1Opinion of the CourtMullan, J.
The action is brought by a beneficiary named in a policy of life insurance issued by the defendant company, hereinafter called “ Society,” in connection with a loan of money by the Morris Plan Company, hereinafter called “ Company.” The defense is that the policy lapsed for non-payment of premiums, and that it was not reinstated. As the premiums were admittedly paid in full to Company prior to the death of the assured, plaintiff must prevail, whether or not the policy lapsed, if Company had the power to bind Society and reinstate the policy by its acceptance of overdue premiums. In order to…
2Cited by6 opinions
- Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
- Timmerman v. Bankers' Reserve Life Co.Texas Commission of Appeals · 1933
- Equitable Life Assur. Soc. of the U.S. v. RobertsSupreme Court of Alabama · 1932
- Timmerman v. Bankers Reserve Life Co.Texas Supreme Court · 1933
- Greer v. &198tna Life Ins. Co. of Hartford, Conn.Supreme Court of Alabama · 1932
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