Hayner v. American Popular Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was upon a policy of insurance, issued by defendant upon the life of plaintiff’s husband Henry Z. Hayner, for her benefit.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was upon a policy of insurance, issued by defendant upon the life of plaintiff’s husband Henry Z. Hayner, for her benefit. The court found in substance that three quarterly payments of premium, on said policy, falling due prior to November 30th, T870, were extended by defendant to that date, at which time they were tendered with interest, but defendant refused to accept the same,…
1Opinion of the CourtMiller, J.
The defendant refused a tender of the overdue premiums on the 30th of-November, 1870, made on the policy, in favor of the plaintiff upon the ground that the policy had lapsed. The Superior Court of the city of New York, in an action brought by the plaintiff to have the policy adjudged to be binding and valid, decreed that the same was in force, the plaintiff to pay the past due premiums within forty days from the entry of the decree, or that if she should so elect, that a paid-up policy should be issued to her instead of her paying said premiums. The plaintiff elected to avail herself of this…
2Cases cited3 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Hartley v. . JamesNew York Court of Appeals · 1872
- Delavan v. . DuncanNew York Court of Appeals · 1872
3Cited by13 opinions
- Standley v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1884
- Phœnix Mutual Life Insurance v. HinesleyIndiana Supreme Court · 1881
- Wayland v. Western Life Indemnity Co.Missouri Court of Appeals · 1912
- Knott v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
- Kenyon v. National Life Ass'n of HartfordAppellate Division of the Supreme Court of the State of New York · 1899
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