Spencer v. Citizens' Mutual Life Insurance
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Mary Spencer against the Citizens’ Mutual Life Insurance Association on an insurance policy. From a judgment for plaintiff entered on a verdict, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtMcADAM, J.
The action is by the plaintiff, as the beneficiary named in a policy of insurance issued by the defendant, for $3,000, on the life of the plaintiff’s husband. It appears that the decedent failed to pay a premium which became due to the defendant February 9,1890, in consequence of which default the policy lapsed, and became void. The decedent, in order to renew Ms policy and induce the defendant to. accept the overdue premium, made, and on February 13, 1890, delivered to the defendant, a warranty in writing, in the form of an application for reinstatement, in which he declared that he was then…
2Cases cited15 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Stewart v. . StoneNew York Court of Appeals · 1891
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
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3Cited by2 opinions
- Askey v. New York Life InsuranceWashington Supreme Court · 1918
- Northwestern Mutual Life Ins. v. MaguireRichland Circuit Court · 1900