Seely v. Manhattan Life Insurance
Supreme Court of New Hampshire
Assumpsit, on a life insurance policy. Plea in confession and avoidance, admitting the policy, but alleging that it was subject to a condition of forfeiture for non-payment of premium provided notice was given in accordance with the New York statute, that notice of a semi-annual premium due February 25, 1894, was given as required by said statute by mailing a notice at New York City on January 20, 1894, and a like notice at Albany, New York, on the same day, and that the…
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Assumpsit, on a life insurance policy. Plea in confession and avoidance, admitting the policy, but alleging that it was subject to a condition of forfeiture for non-payment of premium provided notice was given in accordance with the New York statute, that notice of a semi-annual premium due February 25, 1894, was given as required by said statute by mailing a notice at New York City on January 20, 1894, and a like notice at Albany, New York, on the same day, and that the plaintiff failed to pay such premium, whereby the policy became forfeited and void. No replication was filed. Trial by jury…
1Opinion of the CourtBingham, J.
It may be doubtful upon which party the burden of the issue raised by the plea rested. It was ruled at the trial that it was upon the plaintiff. No exception was taken to this ruling. The plaintiff was permitted to make the closing argument, the defendants’ request to do so having been denied. This denial was made by the trial judge as a matter of law and in the exercise of his discretion. If it was a matter of discretion and not of strict legal right, it is unnecessary to consider upon whom the burden of the issue rested. The inquiry therefore arises whether the privilege of making the…
2Cases cited2 opinions
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
- McDougall v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1892
3Cited by3 opinions
- State v. GarceauSupreme Court of New Hampshire · 1978
- Butler v. WebsterSupreme Court of New Hampshire · 1919
- Blaisdell v. YoungSupreme Court of New Hampshire · 1939