Lindenthal v. . Germania Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 22, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The important condition of the policy was the demand for a paid-up policy within the six months.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 22, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The important condition of the policy was the demand for a paid-up policy within the six months. ( Wright v. Wright, 54 N. Y. 435 ; Mills v. A. E. S. Bank, 28 Misc. Rep. 251 ; Zander v. N. Y. S. & T. Co., N. Y. L. J. Oct. 31, 1902 ; England v. Lord Tredega,…
1Opinion of the CourtO’Brien, J.
The plaintiff in this action sought to obtain a judgment or decree for the specific performance of a clause in a policy of life insurance. The case in its general features is the same as one which has recently been passed upon by this court. (Wilcox v. Equitable life Assurance Society, 173 N. Y. 50.)
On the trial the complaint was dismissed and the judgment has been unanimously affirmed on appeal. It is, therefore, necessary in the first instance to determine the nature and character of the judgment appealed from. If it was a non-suit and not a trial and decision on the merits all the…
2Cases cited5 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Veazey v. . AllenNew York Court of Appeals · 1903
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Ware v. . Dos PassosNew York Court of Appeals · 1900
- Wilcox v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1903
3Cited by9 opinions
- Small v. . HousmanNew York Court of Appeals · 1913
- Merchants' Reciprocal Underwriters of Dallas v. First Nat. Bank of CanadianCourt of Appeals of Texas · 1917
- Lenon v. Mutual Life InsuranceSupreme Court of Arkansas · 1906
- Jonathan Ring & Son, Inc. v. Winola Worsted Yarn Co.New York Court of Appeals · 1920
- Montant v. MooreAppellate Division of the Supreme Court of the State of New York · 1909
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