Steinbach v. Prudential Insurance Co. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to reform a policy of life insurance as to the name of the beneficiary and to recover upon it as reformed.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 22, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to reform a policy of life insurance as to the name of the beneficiary and to recover upon it as reformed. Omitting the formal parts, the allegations of the complaint were that- “ Prior to the Í9tli of October, 1896, one Max Fehrman was indebted to the plaintiff (whose name was then Caroline Lampp, she having since married her husband…
1Opinion of the CourtVann, J.
By the judgments below the names of the beneficiaries in a policy of life insurance were stricken out and the name of a stranger substituted as sole beneficiary without making the former parties to the action or giving them an opportunity to be heard. This has been done upon the ground that the insurance company, which is the sole defendant, waived the objection that there was a defect of parties defendant by not taking it either by demurrer or answer as provided by section 499 of the Code of Civil Procedure. That section, however, must be read in connection with section 452, which provides…
2Cases cited3 opinions
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
3Cited by33 opinions
- Syracuse Savings Bank v. Yorkshire InsuranceNew York Court of Appeals · 1950
- Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Joanne S. v. CareyAppellate Division of the Supreme Court of the State of New York · 1986
- Boston & Maine Railroad v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1933
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