Bullowa v. Provident Life & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Provident Life and Trust Company of Philadelphia, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1908, denying the defendant’s motion that Henry W. Thurston be substituted in its place and stead as defendant herein, and that the defendant be discharged from liability on its paying into court the amount to be paid by its policy No.…
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Appeal by the defendant, The Provident Life and Trust Company of Philadelphia, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1908, denying the defendant’s motion that Henry W. Thurston be substituted in its place and stead as defendant herein, and that the defendant be discharged from liability on its paying into court the amount to be paid by its policy No. 31,986, described in the complaint.
1Opinion of the Court
Laughlin, J.:
This is an action by the assignee of a policy of insurance issued by the defendant on the life of Henry W. Thurston to recover the sum of $1,000 which the company agreed to pay at the expiration of twenty years from the date of the policy, provided Thurston should then be living. The plaintiff alleges that the defendant is a corporation organized under the laws of Pennsylvania, and is conducting the business of life insurance; that on the 19th day of October, 1887, it issued the policy in question to Thurston, agreeing to pay the sum of $1,000 at its office in Philadelphia to him…
2Cases cited2 opinions
- Matter of Long Island R.R. Co.New York Court of Appeals · 1907
- Hunter v. Mutual Reserve Life Ins. Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by8 opinions
- Connecticut General Life Ins. Co. of Hartford v. YawDistrict Court, W.D. New York · 1931
- Republic of China v. American Exp. Co.District Court, S.D. New York · 1951
- Devoy v. NellesAppellate Division of the Supreme Court of the State of New York · 1921
- O'Connor v. LockAppellate Division of the Supreme Court of the State of New York · 1912
- United Shoe Repairing Machine Co. v. Dochtermann Storage Warehouse Co.Appellate Division of the Supreme Court of the State of New York · 1919
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