Bracher v. Equitable Life Assurance Society of United States
New York Court of Appeals
Appeal from an order, of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1905, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order, of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1905, reversing a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The decision appealed from gives no effect whatever to the provision of the contract relied upon by defendant, and thus violates the fundamental rule of construction that effect must be given, if possible, to every clause and word of the contract.…
1Opinion of the Court
Cullen, Oh. J.
This appeal presents the single question of the construction of the condition of an insurance policy by which the defendant, in consideration of a payment in advance of $383.90, and of a payment of the same sum on or before the 9th day of February and August in every year thereafter during the life of the insured, agreed to pay upon the death of the insured to the plaintiff the sum of $10,000. The third condition of the policy, which in terms was made part of the contract of insurance, provides: “ Although the contract is based on the receipt of premiums annually in advance, the…
2Cited by1 opinion
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