Legal Opinion

Palmer v. . Phoenix Mutual Life Ins. Co.

New York Court of Appeals

Decided February 8, 1881PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 14, 1880, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The claim was bona notdbilia in the place where the parties reside, and not under any possible view assets due or collectible in this State.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 14, 1880, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. The claim was bona notdbilia in the place where the parties reside, and not under any possible view assets due or collectible in this State. (Been v. Sherman, 73 N. Y. 299; Holcomb v. Phelps, 16 Conn. 136 ; Abbott, Adm'r, v. Coburn, 28 Vt. 670; Burbank v. Payne, 17 La. Ann. 15; Sawyer v. Ins.…

1Opinion of the CourtEarl, J.

This is an action upon a policy of insurance issued by the defendant, a Connecticut corporation, upon the life of plaintiffs testator, who resided and died in that State. He left a will in which the plaintiff, a resident of this State, was named as executor. The will was proved and admitted to probate in that State, and afterward, upon the production to the surrogate of the county of Hew York of a properly authenticated copy of the will from the Probate Court of Connecticut, the will was admitted to probate, and letters testamentary were by him issued to the plaintiff. . The plaintiff…

2Cases cited1 opinion

  1. Parsons v. . LymanNew York Court of Appeals · 1859

3Cited by22 opinions

  1. Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
  2. James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
  3. Loftis v. Pacific Mutual Life InsuranceUtah Supreme Court · 1911
  4. Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1899
  5. Primeau v. National Life Ass'nNew York Supreme Court · 1894

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