Strohoefer v. Security Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Security Mutual Life Insurance. Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of August, 1911, granting the plaintiff’s motion for a bill of particulars.
1Opinion of the Court
Burr, J.:
Plaintiff brings this action as assignee of Kilian Strohoefer to rescind the contract entered into on the 20th of August, 1895, for insurance upon the life of the said Kilian Strohoefer, and to recover the premiums paid by the said assignor down to August 20, 1905. The right to rescind is based upon an allegation of false and fraudulent misrepresentation as to payment of premiums upon life insurance policies during the year in which the policy was issued, and with regard to cash accumulations and the cash surrender value thereof at a subsequent period. Defendant, denying the…
2Cases cited1 opinion
- St. Regis Paper Co. v. Santa Clara Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- General Film Co. v. Liverpool & London & Globe Insurance of LiverpoolAppellate Division of the Supreme Court of the State of New York · 1918
- Cassidy v. Lehigh Valley R.District Court, E.D. New York · 1934