Roehner v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming a judgment in favor of defendant, entered upon a decision of the court upon trial without a jury. This action was upon a policy of life insurance issued on the 11th day of December, 1869, upon the life of John Roehner, husband of plaintiff, who, with the assent of defendant, assigned the same to plaintiff.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, affirming a judgment in favor of defendant, entered upon a decision of the court upon trial without a jury. This action was upon a policy of life insurance issued on the 11th day of December, 1869, upon the life of John Roehner, husband of plaintiff, who, with the assent of defendant, assigned the same to plaintiff. By the policy the annual premium was to be paid on or before the eleventh December in each year, and the policy contained this clause: “And the omission to pay the said…
1Opinion of the CourtFolg-eb, J.
The note which the insured gave, was due and payable on the 11th day of April, 1870. In computing the time when a note, payable at a certain number of months after date, will become due, the rule is to exclude the day of the date from the calculation and include the day of payment, when no days of grace are allowed; (Bellasis v. Hester, 1 Ld. Raym., 280; Campbell v. French, 6 T. R., 212). When a promissory note is dated on a day of any month, and made payable at a specified number of months after that date, without days of grace, it accrues due and payable on the same day in the stipulated…
2Cases cited1 opinion
- Ripley v. GreenleafSupreme Court of Vermont · 1829
3Cited by31 opinions
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
- Cohen v. Continental Fire InsuranceTexas Supreme Court · 1887
- Metropolitan Casualty Ins. v. JohnstonCourt of Appeals for the Third Circuit · 1918
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