Wilcox v. Equitable Life Assurance Society of the United States
New York Court of Appeals
Appeal from a judgment, entered January 16, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered January 16, 1901, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s and appellant’s misfortune in having the policy stolen from him through no fault of his own constitutes, in view of the fact that he has made diligent effort to recover it, a good and sufficient excuse for the failure to surrender the said policy within six…
1Opinion of the CourtO’Brien, J.
The final judgment in this case sustained a demurrer to the complaint. The only question presented by the appeal is whether the complaint states facts sufficient to constitute a cause of action. It avers, in substance, that on the 9th day of October, 1883, the defendant, in consideration of the payment of an annual premium of $58.18 per year and an agreement to pay such annual ¡iremium for twenty years, made and delivered to the plaintiff its policy of insurance whereby it insured his life in the sum of two thousand dollars and promised to pay to him, if living at the expiration of said…
2Cases cited1 opinion
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
3Cited by10 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- Lahey v. . LaheyNew York Court of Appeals · 1903
- Zander v. New York Security & Trust Co.New York Court of Appeals · 1904
- Lenon v. Mutual Life InsuranceSupreme Court of Arkansas · 1906
- Lindenthal v. . Germania Life Ins. Co.New York Court of Appeals · 1903
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