Spencer v. Citizens' Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 4,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order-denying a motion for a new trial. This was an action upon a policy of insurance issued by defendant upon the life of John L. Spencer, the husband of the plaintiff; she was named therein as the beneficiary.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 4,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order-denying a motion for a new trial. This was an action upon a policy of insurance issued by defendant upon the life of John L. Spencer, the husband of the plaintiff; she was named therein as the beneficiary. It appeared that the decedent failed to pay a premium which became due February 9, 1890, in consequence of which default the policy lapsed. The decedent, in order to…
1Opinion of the Court
Andrews, Oh. J.
The insured, John L. Spencer, in his application for re-instatement dated February 13th, 1890, warranted that he was in sound health, and a breach of this warranty was the defense on the trial. The insured died May Yth, 1890. The plaintiff is the widow of the insured and the beneficiary named in the policy. The policy was for $3,000, and the company bound itself thereby to pay out of the death fund to the plaintiff the said sum “ upon acceptance of satisfactory proof at its home office of the death of John L. Spencer during the continuance of the policy.” The plaintiff on or…
2Cited by34 opinions
- Wachtel v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1935
- Rudolph v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1929
- Supreme Tent Knights of Maccabees of the World v. StenslandIllinois Supreme Court · 1903
- Michalek v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1917
- Kumle v. Grand Lodge Ancient Order of United WorkmenCalifornia Supreme Court · 1895
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