Legal Opinion

Steinback v. . Diepenbrock

New York Court of Appeals

Decided January 10, 1899PublishedCited by 33 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1896, affirming a judgment of the late Court of Common Pleas for the city and county of New York in favor of plaintiff and the defendant Erdtmann, entered upon a decision of the court on trial at Special Term.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 13, 1896, affirming a judgment of the late Court of Common Pleas for the city and county of New York in favor of plaintiff and the defendant Erdtmann, entered upon a decision of the court on trial at Special Term. This action was brought to recover the proceeds of a certain policy of insurance for $10,000, issued on the life of Alois Diepenbrock, appellant’s testator, by the Equitable Life Assurance Society of the United States. The amount due thereon was claimed, on the…

1Opinion of the Court

Parker, Ch. J.

The counsel for the appellant in his argument insisted with great earnestness and force that the position several times asserted by this court in support of the legality of the assignment of a policy of insurance to a person having no insurable interest in the life of the insured, is a mistaken one and in conflict with the decisions of the United States Supreme Court and the court of last resort in many of the states.

Warnock v. Davis (104 U. S. 775); Franklin v. Hazzard (41 Ind. 116); Missouri Co. v. Sturges (18 Kan. 116); Schoenfield v. Turner (75 Texas, 334); Bayse v. Adams…

2Cases cited17 opinions

  1. Warnock v. DavisSupreme Court of the United States · 1882
  2. Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
  3. Olmsted v. . KeyesNew York Court of Appeals · 1881
  4. Martin v. StubbingsIllinois Supreme Court · 1888
  5. Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890

12 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Axa Equitable Life Insurance v. Infinity Financial Group, LLCDistrict Court, S.D. Florida · 2009
  2. Bromley's Admr. v. Washington Life Ins.Court of Appeals of Kentucky · 1906
  3. Kramer v. Phoenix Life InsuranceNew York Court of Appeals · 2010
  4. In re the Estate of PastoreNew York Surrogate's Court · 1935
  5. Life Product Clearing LLC v. Angel Ex Rel. Estate of LobelDistrict Court, S.D. New York · 2008

28 more not listed; retrieve them via the Exa API.

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