Wheeler v. Connecticut Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order reversing an order of Special Term, which overruled a demurrer to plaintiff’s complaint. (Reported below, 16 Hun, 317.) This action was brought upon two policies of insurance issued by defendant upon the life of John G. Yose, and assigned to the plaintiff. The complaint alleged the issuing of the policies, copies of which were annexed.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order reversing an order of Special Term, which overruled a demurrer to plaintiff’s complaint. (Reported below, 16 Hun, 317.) This action was brought upon two policies of insurance issued by defendant upon the life of John G. Yose, and assigned to the plaintiff. The complaint alleged the issuing of the policies, copies of which were annexed. They each contained the following conditions : “ 2d. That tips policy shall not take effect until the advance premium hereon shall have been…
1Opinion of the CourtMiller, J.
The complaint in this action sets forth alleged causes of action upon two separate policies of insurance, claiming to recover the amount named in each, and also alleges that a dividend was declared out of the surplus earnings and receipts of the company, for a portion of which the insured was entitled to a paid-up policy, which on demand was refused. The demurrer to the complaint presents the question whether any cause of action is set forth therein.
The policies upon which this action was brought provided for the payment of an annual premium, and contained a condition as follows: “ That this…
2Cases cited6 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Cohen v. . N.Y. Mutual Life Insurance Co.New York Court of Appeals · 1872
- Beebe v. JohnsonNew York Supreme Court · 1838
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
- Klein v. Insurance Co.Supreme Court of the United States · 1881
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
70 more not listed; retrieve them via the Exa API.