Bradshaw v. . Mutual 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 January 2, 1906, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 2, 1906, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term without a jury. On the 16th day of January, 1882, on the application of Eobert C. Bradshaw, the defendant issued to him a policy of insurance on his life, by which, in consideration of said application and of the statements made therein, and of the pre'miums specified in said policy, the defendant promised to pay “Unto Corrie J. Bradshaw, wife of Eobert C. Bradshaw, of…
1Opinion of the CourtChase, J.
The policy was the contract of Bobert C. Bradshaw with the defendant.- Both Bobert C. Bradshaw and the defendant being 'competent to contract, were free to malee such contract as they could agree upon.
Insurance, like other contracts, should be interpreted to carry out the intention of the parties, giving the language employed its common and ordinary meaning. If the policy had been made payable to Corrie J. Bradshaw in case she survived her husband, and in case she did not survive her husband then to the children of said Corrie J. and Bobert C. Bradshaw, or in case said Corrie J. Bradshaw…
2Cases cited5 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Walsh v. Mutual Life InsuranceNew York Court of Appeals · 1892
- United States Trust Co. v. Mutual Benefit Life InsuranceNew York Court of Appeals · 1889
- Fidelity Trust Co. v. . MarshallNew York Court of Appeals · 1904
- Freedman v. SirotaAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by23 opinions
- Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
- Davis v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1912
- In re the Estate of WainmanNew York Supreme Court · 1923
- Anderson v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1933
- Grems v. TraverNew York Supreme Court · 1914
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