Steele v. Connecticut General Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Blanche M. Steele, as administratrix, etc., of Herbert A. Steele, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 29th day of January, 1898, upon the decision of the court dismissing the complaint, rendered after a trial before the court without a jury at the Onondaga Trial Term, separately stating the facts found and the conclusions of law.
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Appeal by the plaintiff, Blanche M. Steele, as administratrix, etc., of Herbert A. Steele, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 29th day of January, 1898, upon the decision of the court dismissing the complaint, rendered after a trial before the court without a jury at the Onondaga Trial Term, separately stating the facts found and the conclusions of law. This action was begun April 21, 1897, to recover the amount due on two policies of insurance, No. 17523 and No. 18498, issued by the…
1Opinion of the Court
Follett, J.:
On the trial of this action the defendant expressly admitted that all the allegations of the complaint were true, except this allegation: “ While said policy was in possession of this defendant, the plaintiff herein offered to pay the amount due this defendant on said note, including interest to that date, and asked that, upon the making of such payment, the policy in qirestion be delivered to this plaintiff, all of which transactions transpired before the commencement of this action, and the defendant herein refused so to do.”
The defendant’s president was a witness on the trial,…
2Cases cited5 opinions
- New England Mutual Life Insurance v. WoodworthSupreme Court of the United States · 1884
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
- Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Perkins v. StoneSupreme Court of Connecticut · 1847
- In Re the Application for Ancillary Letters of Administration Upon the Goods, Chattels & Credits of ProutNew York Court of Appeals · 1891
3Cited by6 opinions
- Carpinter & Baker v. City Equitable Fire InsuranceNew York Court of Appeals · 1924
- Matter of ObregonNew York Court of Appeals · 1998
- Thomas v. Zoning Board of Adjustment of University ParkCourt of Appeals of Texas · 1951
- In re PeopleAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Estate of LanariNew York Surrogate's Court · 1963
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