Adam v. . Manhattan Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, .entered October 29, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, .entered October 29, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The action was maintained in contravention of the Statute of Limitations, and the trial court erred in refusing to dismiss the complaint upon the merits, and in instructing the jury that they might, notwithstanding the statute, render a verdict for plaintiff. (L. 1897, ch. 218; L. 1896, ch. 326, § 29; L. 1877,…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount of a policy of insurance issued by the defendant on December 1st, 1885, upon the life of William H. Hepworth, which policy had been assigned to the plaintiff and notice of such assignment given by filing a copy thereof with the defendant. Hepworth died on the 11th day of April, 1907, and this action was brought on the 27th day of September thereafter. The defense interposed was to the effect that the policy was forfeited by the non-payment of the premium that became due on the 1st day of December, 1904, and that more .than two years had elapsed…
2Cases cited4 opinions
- De Frece v. National Life InsuranceNew York Court of Appeals · 1892
- Strauss v. . Union Central Life Ins. Co.New York Court of Appeals · 1902
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
- Fischer v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1901
3Cited by15 opinions
- Thompson v. . Postal Life Ins. Co.New York Court of Appeals · 1919
- Trizzano v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Salzman v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1947
- Bank Savings Life Insurance v. BakerSupreme Court of Kansas · 1926
- Compton v. Amicable Life Ins. Co. of Waco, Tex.Supreme Court of Louisiana · 1935
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