Stevens v. Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mutual Life Insurance Company of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Wyoming on the 19th day of June, 1917, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of April, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lambert, J.:
On January 24, 1900, Frederick C. Stevens procured the defendant to issue to himself upon his life five equal policies of insurance, aggregating $100,000. The policies were payable upon his death to his personal representatives. The annual premium of each policy was $757.40, and assured paid the premiums until 1906, when he made default.
A new arrangement was subsequently made between the defendant and the assured. The defendant issued to him, in the place of the five lapsed policies, five separate paid-up policies for the sum of $4,120 each, aggregating $20,600, payable upon his…
2Cases cited8 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Thomson v. . PoorNew York Court of Appeals · 1895
- Small v. . HousmanNew York Court of Appeals · 1913
- Clare v. . Mutual Life Ins. Co.New York Court of Appeals · 1911
- Bailey v. American Deposit & Loan Co.Appellate Division of the Supreme Court of the State of New York · 1900
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