Neuendorff v. World Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the City-Court of Brooklyn affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff on trial. This action was upon a policy of insurance upon the joint lives of plaintiff and her husband. The policy was issued July 16, 1869. By its terms the premium, after the first year, was to be paid annually on the 16th day of July in each year. The further facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the City-Court of Brooklyn affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiff on trial. This action was upon a policy of insurance upon the joint lives of plaintiff and her husband. The policy was issued July 16, 1869. By its terms the premium, after the first year, was to be paid annually on the 16th day of July in each year. The further facts sufficiently appear in the opinion. If the agent had delivered plaintiff one of defendant’s receipts for a consideration, he would have charged himself with the amount, and…
1Opinion of the Court
Church, Ch. J.
The • policy was upon the joint lives of the plaintiff and her husband. He having died on the 16th day of September, 1872, she claims to recover the amount of the policy, and the principal contention upon the trial ivas whether the premium due on the 16th day of July of that year had been paid. The court granted a nonsuit upon that ground only. The deceased was a clerk for the general agent in charge of what it called the German department of the defendant. It seems that the deceased transacted most of the office business of the department, with the knowledge and approbation of…
2Cases cited2 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Bentley v. Columbia InsuranceNew York Supreme Court · 1855
3Cited by16 opinions
- Lamdin v. Broadway Surface Advertising Corp.New York Court of Appeals · 1936
- Murray v. . BeardNew York Court of Appeals · 1886
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
- Pratt v. Dwelling House Mutual Fire InsuranceNew York Court of Appeals · 1891
- Peet v. Dakota Fire & Marine Ins.South Dakota Supreme Court · 1891
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