Connor v. New York Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Life Insurance Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of said county on the 7th day of January, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of January, 1916, denying defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, New York Life Insurance Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of said county on the 7th day of January, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 5th day of January, 1916, denying defendant’s motion for a new trial made upon the minutes. On the 29th day of June, 1904, the assured, Frederick Winnington, paid a quarterly premium of $13.39 and took out a policy for $1,000 on his life, payable to plaintiff, his intended wife. On August…
1Opinion of the Court
Blackmar, J.:
The judge charged the jury to the effect that in order to render a verdict for the plaintiff they must find that the assured came to his death by drowning on August 11, 1904, and that if proof of death rested on the presumption arising from seven years’ absence, the death must be held not to have taken place until the end of that period.
The death of the assured was not established by finding his " effects in the bath house and office. (Nelson v. Masonic *598Mutual Life Assn., 57 App. Div. 214.) If the seven years’ absence was established as a fact, a presumption of death arose. The…
2Cases cited4 opinions
- McCartee v. CamelNew York Court of Chancery · 1846
- Eagle's CaseNew York Surrogate's Court · 1856
- Bradley v. BradleySupreme Court of Pennsylvania · 1839
- Nelson v. Masonic Mutual Life Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by22 opinions
- In re the Estate of KatzNew York Surrogate's Court · 1930
- Gero v. John Hancock Mutual Life InsuranceSupreme Court of Vermont · 1941
- Fanning v. Equitable Life Assurance SocietySupreme Court of Pennsylvania · 1919
- United States v. RobertsonCourt of Appeals for the Ninth Circuit · 1930
- Gantt v. American National InsuranceSupreme Court of Georgia · 1931
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