Cyrenius v. Mutual Life Insurance
New York Supreme Court
Appeal from circuit court, Oswego county. Actions by Frederick H. Cyrenius, as administrator of Alvin 'Cyrenius, deceased, against the Mutual Life Insurance Company of New York. From a judgment entered on a verdict in favor of plaintiff for §4,944.66, and from an order denying a motion for a new trial made on the minutes of the court, defendant appeals. The action is on a policy of insurance.
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Appeal from circuit court, Oswego county. Actions by Frederick H. Cyrenius, as administrator of Alvin 'Cyrenius, deceased, against the Mutual Life Insurance Company of New York. From a judgment entered on a verdict in favor of plaintiff for §4,944.66, and from an order denying a motion for a new trial made on the minutes of the court, defendant appeals. The action is on a policy of insurance. In the complaint it is alleged that on the 18th June, 1873, the defendant duly issued and delivered to Alvin •Cyrenius its policy of insurance, whereby, in consideration of $198.87 to the defendant then…
1Opinion of the CourtMerwin, J.
The main questions litigated at the trial were (1) •whether the cause of action, if any, belonged to the estate of Alvin Cyrenius; and (2) whether there was a valid extension of time for the payment of the premium that became due on 18th -June, 1876. The court left it to the jury to say—First, whether or not the policy was received by Alvin in his lifetime as a policy insuring himself for the benefit of himself and of his estate, and was so held by the parties up to the time of his death; and, second, whether in 1876, before June 18th, George Cyrenius paid §50 upon an agreement that that…
2Cases cited2 opinions
- Connecticut Mutual Life Insurance v. LuchsSupreme Court of the United States · 1883
- Smith v. Ætna Life InsuranceNew York Supreme Court · 1871
3Cited by1 opinion
- McDonald v. McDonaldSupreme Court of Alabama · 1926