Hogle v. Guardian Life Insurance
The Superior Court of New York City
Appeal from a judgment. This action was "brought "by Sarah F. Hogle against the Guardian Life Insurance Company. It appeared "by the case made that on the 6th of September, 1866, Effingham H. Warner, then sixty-six years old, procured the defendants ,to issue a policy of insurance upon his life for the benefit of his daughter (the plaintiff) in the sum of $10,000. In 1866, Mr. Warner had had an attack from which he was quite sick.
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Appeal from a judgment. This action was "brought "by Sarah F. Hogle against the Guardian Life Insurance Company. It appeared "by the case made that on the 6th of September, 1866, Effingham H. Warner, then sixty-six years old, procured the defendants ,to issue a policy of insurance upon his life for the benefit of his daughter (the plaintiff) in the sum of $10,000. In 1866, Mr. Warner had had an attack from which he was quite sick. On the 30th of August, he presented himself to the physician of the Equitable Insurance Company for re-examination (having before been examined, and passed by him,…
1Opinion of the Court
By the Court.—Garvin, J.
This action is brought by the daughter of E. H. Warner, who himself procured his life to be insured for $10,000. The defendants insist that inasmuch as the loss is payable to the assured, his executors, administrators and assigns, the plaintiff cannot maintain this action. The parties are bound by the contract found in the policy. The defendants agree, in consideration of the premium paid and to be paid, to insure him in the sum of $10,000 for the period of his natural life ; and the defendants agree, sixty days after notice and proof of his death, to pay the assured,…
2Cases cited4 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Rawls v. . American Mutual Life Insurance CompanyNew York Court of Appeals · 1863
- Carrington v. Commercial Fire & Marine Insurance of Jersey CityThe Superior Court of New York City · 1857
3Cited by2 opinions
- Higbee v. Guardian Mutual Life InsuranceNew York Supreme Court · 1873
- Barteau v. Phœnix Mutual Life InsuranceNew York Supreme Court · 1874