Taylor v. New York Life Insurance
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11,1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11,1912, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The court had no jurisdiction to try the case because the court had formerly tried it and found against the plaintiff on her cause of action based on this policy, to which finding and judgment neither party ever excepted, nor were such findings ever vacated…
1Opinion of the CourtChase, J.
On December 20, 1895, the defendant issuer to the plaintiff’s testator two policies of insurance, of $5,000 each, numbered 709,973 and 709,974. The annual premium on each was $304, to be paid yearly in advance, “ until fifteen full years’ premiums shall have been paid.” After paying three full years’ premiums on each of said policies, and after making certain provisions as hereinafter mentioned for the fourth year’s premiums, and on October 21, 1906, he died. The beneficiary named in said policies having died prior to the death of the insured, the plaintiff, as his personal representative,…
2Cases cited3 opinions
- Holly v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1887
- Taylor v. . New York Life Ins. Co.New York Court of Appeals · 1910
- Taylor v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by15 opinions
- Matter of Post v. . Burger GohlkeNew York Court of Appeals · 1916
- Archer v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1916
- Inter-Southern Life Insurance Co. v. OmerCourt of Appeals of Kentucky (pre-1976) · 1931
- Matter of Angela F. v. St. Lawrence County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2017
- Ceravole v. GiglioAppellate Division of the Supreme Court of the State of New York · 1992
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