Peckham v. Grindlay
New York Supreme Court
Demurrer to complaint. S. Townsend Peckham brought this action against Ms sister, Mary E. Grrindlay, and the Manhattan Life Insurance Company, to annul a life insurance policy for $2,500 issued by the company to the defendant Grindlay, upon her application, and on plaintiff’s life.
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Demurrer to complaint. S. Townsend Peckham brought this action against Ms sister, Mary E. Grrindlay, and the Manhattan Life Insurance Company, to annul a life insurance policy for $2,500 issued by the company to the defendant Grindlay, upon her application, and on plaintiff’s life. The application on which the policy was issued to the sister was made in writing when she was about the age of fourteen years, and through and in the name of her father, with whom she was living and by whom she was supported, the plaintiff, at that time being twenty-two years of age, and married. By the terms of…
1Opinion of the CourtAndrews, J.
—The demurrer admits the allegation of the complaint that the defendant, Mary E. Grindlay, had no insurable interest in the plaintiff’s life, and the policy seems, therefore, to come within the description of what are known as “ wager-policies.”
It does not follow, however, that the plaintiff is entitled to the relief which he seeks. He was twenty-two years old when the policy was taken out, and appeared at the office of the company and submitted to a physical examination, for the purpose of enabling the company to decide whether it would issue the policy.
*20The policy was issued and accepted,…
2Cases cited69 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Olmsted v. . KeyesNew York Court of Appeals · 1881
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3Cited by1 opinion
- Parry v. American Opera Co.City of New York Municipal Court · 1887