Globe Mutual Life Ins. Co. v. . Reals
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. This action was brought to procure the cancellation and surrender of a policy of life insurance, issued by plaintiff upon the life of James H. Reals, for the benefit of his wife and children, the defendants herein.
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Appeal from judgment of the General Term of the Supreme ■Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. This action was brought to procure the cancellation and surrender of a policy of life insurance, issued by plaintiff upon the life of James H. Reals, for the benefit of his wife and children, the defendants herein. The complaint alleged in substance that said Reals, upon the solicitation of one Fowler, an agent of plaintiff, made application for the policy, which application contained a provision that the policy…
1Opinion of the CourtMiller, J.
This action was commenced for the cancellation and surrender of a policy of insurance upon the life of James H. Reals, deceased, upon the ground that it was obtained by fraud and conspiracy between the plaintiff’s agent and the deceased, and for the reason that it was void, because the premium was not paid in cash and a note given for the same by the insured. The referee found that the charge of fraud was not established by the evidence, and that the policy of insurance was a binding contract of insurance upon the plaintiff, and directed that the complaint be dismissed. These findings are, we…
2Cases cited2 opinions
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Fowler v. . PalmerNew York Court of Appeals · 1875
3Cited by22 opinions
- Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
- National Life Accident Ins. Co. v. PropstSupreme Court of Alabama · 1929
- Johnson v. SwankeWisconsin Supreme Court · 1906
- Erickson v. First National BankNebraska Supreme Court · 1895
- Aetna Life Insurance v. RichmondSupreme Court of Connecticut · 1927
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