O'Brien v. . Union Central Life Ins. Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 15, 1910, sustaining defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division after the direction of a verdict in favor of plaintiff and granting a motion for 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 November 15, 1910, sustaining defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division after the direction of a verdict in favor of plaintiff and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There can be no forfeiture for non-payment of premium within a year from such payment unless the statutory notice has been duly given. (McCall v. Prudential Ins. Co., 98 App. Div. 225;…
1Opinion of the CourtChase, J.
On June 8, 1905, the defendant delivered to John C. O’Brien a policy insuring his life in the amount of $3,000, with participation in profits for the term of his natural life. On the delivery of the policy he paid to the defendant the prescribed premium of $133.56. The policy provided for the payment of a like premium thereafter on the 15th day of June, at noon, in every year, during the continuance of the contract, “and of the payment when due of any and all notes given for premiums or parts of the same.”
The policy, among other things, contained a condition as follows: “The failure to pay…
2Cases cited6 opinions
- Railroad Companies v. SchutteSupreme Court of the United States · 1881
- Strauss v. . Union Central Life Ins. Co.New York Court of Appeals · 1902
- Conway v. Phœnix Mutual Life InsuranceNew York Court of Appeals · 1893
- Banholzer v. New York Life InsuranceSupreme Court of Minnesota · 1898
- Bartholomew v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Matter of Broderick v. City of New YorkNew York Court of Appeals · 1946
- Philadelphia Life Ins. v. HayworthCourt of Appeals for the Fourth Circuit · 1924
- Priest v. Bankers Life Ass'nSupreme Court of Kansas · 1916
- Clough v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
- Cunningham v. Globe Life InsuranceSupreme Court of Kansas · 1920
2 more not listed; retrieve them via the Exa API.