Nellis v. . Western Life Indemnity Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so fas as material, are stated in the opinion. The obligation of the defendant is to be measured by its contract. (Allen v. G. A. Ins. Co., 123 N. Y. 6; Hamilton v. F. M. L. Assn., 27 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 5, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so fas as material, are stated in the opinion. The obligation of the defendant is to be measured by its contract. (Allen v. G. A. Ins. Co., 123 N. Y. 6; Hamilton v. F. M. L. Assn., 27 App. Div. 480; Preston v. Ætna Ins. Co., 193 N. Y. 142; Schoonmaker v. Hoyt, 148 N. Y. 415; Bedell v. Edgett, 120 App. Div. 451;…
1Opinion of the CourtChase, J.
This is an action upon a policy of insurance, issued upon the life of George W. Nellis, payable to the plaintiff, his daughter, as beneficiary. The plaintiff has recovered thereon $3,000, with interest from the time when said policy became due and payable.
The defendant insists that it is entitled to deduct from the amount of said policy the sum of §1,950.00, with interest thereon at four per cent from May 29, 1899, pursuant to the terms of the contract with the insured, as it is alleged and construed by the defendant. If such deduction had been made the plaintiff would have been entitled to…
2Cases cited7 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- White v. . HoytNew York Court of Appeals · 1878
- Barlow v. . ScottNew York Court of Appeals · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Pennsylvania Indemnity Fire Corp. v. AldridgeCourt of Appeals for the D.C. Circuit · 1941
- Commonwealth Fuel Co. v. McNeilSupreme Court of Connecticut · 1925
- Aldrich v. . New York Life Ins. Co.New York Court of Appeals · 1923
- Star-Chronicle Pub. Co. v. New York Evening Post, Inc.Court of Appeals for the Second Circuit · 1919
10 more not listed; retrieve them via the Exa API.