Garner v. . Germania Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Yew York, entered upon an order made June 26, 1885, which affirmed an order of the court on trial dismissing plaintiffs’ complaint. This action was brought by plaintiffs to recover $3,000 and interest upon a policy of insurance issued by the defendant September 24, 1863, upon the life of John Lindemann. The facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Yew York, entered upon an order made June 26, 1885, which affirmed an order of the court on trial dismissing plaintiffs’ complaint. This action was brought by plaintiffs to recover $3,000 and interest upon a policy of insurance issued by the defendant September 24, 1863, upon the life of John Lindemann. The facts are sufficiently stated in the opinion. The children of John Lindemann had a vested right in the policy sm'rendered. (Fitch v. Am. Popular L. Ins. Co., 59 N. Y. 557; Eddington v. Mutual…
1Opinion of the CourtFinch, J.
The contract of the insurance company, by its express terms,, was made with John Lindemann, as trustee for his children, Johanna, Emilie and Anna. The application was made by him in that character and not in his individual right. Under the requirement, at the end of the application, “ signature of applicant,” he signed explicitly as trustee; under the direction, “ signature ot person whose life is to be insured,” he signed as an individual. The policy described the premium as paid by him “ in trust for his children,” naming them; and it covenanted, in terms, to pay the sum assured to the…
2Cases cited2 opinions
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Barry v. . BruneNew York Court of Appeals · 1877
3Cited by31 opinions
- Griffith v. N.Y. Life Ins. Co.California Supreme Court · 1894
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- In re the Transfer Tax upon the Estate of CarnegieAppellate Division of the Supreme Court of the State of New York · 1922
- Penn Mutual Life Insurance v. NorcrossIndiana Supreme Court · 1904
- Phipard v. PhipardNew York Supreme Court · 1890
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