Peacock v. . New York Life Insurance Company
New York Court of Appeals
Appeal from the Superior Court of the city of New York. Action, to recover $5,000, the amount of an insurance by the defendants upon the Efe of John C. Eyan. The poEcy bears date March 8th, 1853. The premium was $160 per annum, payable in advance, on the 28th of February, in each year. It was conditioned, among other things, that if the premium was not paid as prescribed the defendants were not to be bound.
Read the full summary
Appeal from the Superior Court of the city of New York. Action, to recover $5,000, the amount of an insurance by the defendants upon the Efe of John C. Eyan. The poEcy bears date March 8th, 1853. The premium was $160 per annum, payable in advance, on the 28th of February, in each year. It was conditioned, among other things, that if the premium was not paid as prescribed the defendants were not to be bound. The insured, before obtaining the poEcy, made certain declarations respecting his health, upon which the policy was issued. Eyan, the insured, did not pay the premium which fell due on the…
1Opinion of the CourtS. B. Strong, J.
The jury have found, by their verdict, that at the time of the insurance the assured was not affected with any diseases other than those mentioned in his declaration, on which the policy was issued, which would tend to shorten human life, or increase the risk, and that the diseases which had been so specified had not become aggravated so as to make the condition of the assured substantially worse than what it was when the policy was effected. Their verdict is conclusive as to those points! The only question now open for our consideration is, whether the judge rightly interpreted the condition…
2Cited by14 opinions
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- McDermott v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
- Metropolitan Life Insurance v. McTagueSupreme Court of New Jersey · 1887
- Wright v. . BrownNew York Court of Appeals · 1876
- Jeffrey v. United Order of the Golden CrossSupreme Judicial Court of Maine · 1902
9 more not listed; retrieve them via the Exa API.