Bradshaw v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
. .Appeal by the defendant, The Mutual Life Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Chautauqua on the 17th day of October, 1907, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 18th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes,
1Dissent
Kruse, J. (dissenting):
-If the original contract of insurance had been made with the husband, upon whose life the policy was issued', and not with the wife, who is named as beneficiary therein, the personal representatives of the wife would have had no interest therein, since she died before her husband, and the personal representatives of the husband . would be entitled to the proceeds of the policy. That the Court of Appeals has so decided, in this case, (Bradshaw v. Mutual Life Ins. Co., 187 N. Y. 354) I do not understand to be in dispute. But for some reason, no matter what, the…
2Cases cited4 opinions
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
- Cooke v. NathanNew York Supreme Court · 1853
- Heert v. CrugerNew York Court of Common Pleas · 1895