Ruse v. Mutual Benefit Life Insurance
New York Supreme Court
APPEAL from a judgment recovered at a special term. The complaint averred that the defendants were duly incorporated and organized as a corporation in 1845. That on the 15th of July, 1846, at Columbus, in Georgia, they made a policy of insurance to the plaintiff, on the life of Ira D. Bugbee, of Florida, for the term of his life, and for the sum of #2000, for the sole use of the plaintiff. That the premium was paid, and the policy delivered to him on said 15th July.
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APPEAL from a judgment recovered at a special term. The complaint averred that the defendants were duly incorporated and organized as a corporation in 1845. That on the 15th of July, 1846, at Columbus, in Georgia, they made a policy of insurance to the plaintiff, on the life of Ira D. Bugbee, of Florida, for the term of his life, and for the sum of #2000, for the sole use of the plaintiff. That the premium was paid, and the policy delivered to him on said 15th July. That Bugbee died on 14th April, 1847, and due notice was given to the defendants. The plaintiff prays judgment for #2000, and…
1Opinion of the Court
By the Court, Sutherland, J.
The policy or contract of insurance in this case was not a contract from year to year, dependent for its continuance upon the payment of the premium on or before the 10th day of April in each year; but it *559was an assurance of the life of Ira D. Bugbee for the term of life, for the sole use of the plaintiff, subject to be defeated by the non-payment of the annual premium on any 10th day of April. The words of the policy are, that the defendants, “in consideration of the sum of ninety-seven dollars and forty cents to them in hand paid, by John C. Ruse, and of the…
2Cases cited1 opinion
- Buckbee v. United States InsuranceNew York Supreme Court · 1854
3Cited by8 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
- Morgan v. Northwestern National Life InsuranceWashington Supreme Court · 1906
- Mound City Mutual Life Insurance v. TwiningSupreme Court of Kansas · 1877
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