Brummer v. . Cohn
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made February 2, 1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made February 2, 1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought to compel a reassignment by defendant of a policy of insurance issued to plaintiff npon the life of her husband Aaron Brummer, which policy had been assigned by plaintiff to defendant as collateral security for a loan to her husband. The policy was issued May 12,1868, payable to plaintiff, “ her…
1Opinion of the CourtAndrews, J.
This case is governed by the decision in Eadie v. Slimmon (26 N. Y. 9). The contention that to bring an insurance by a wife upon the life of her husband within the operation of the act of 1840 it must appear from the terms of the policy, or from extrinsic evidence, that it was the intention of the' assured to avail herself of the provisions of the act, cannot, we think, be maintained. The right of a wife to insure the life of her husband was not given by that act-She had an insurable interest in her husband’s life at common law. (Reed v. Royal Ex. Ass. Co., Peak Ad. Cas. 70; Lord v. Dall, 12…
2Cases cited4 opinions
- Connecticut Mutual Life Insurance v. SchaeferSupreme Court of the United States · 1877
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
3Cited by22 opinions
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Miller v. . CampbellNew York Court of Appeals · 1893
- Travelers' Insurance v. HealeyAppellate Division of the Supreme Court of the State of New York · 1898
- Amberg v. . Manhattan Life Ins. Co.New York Court of Appeals · 1902
- Frank v. . Mut. L. Ins. Co. of New YorkNew York Court of Appeals · 1886
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