Welts v. Connecticut Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, entered on a verdict for the plaintiff, given by direction of the court at circuit. Exceptions heard at the General Term in the first instance.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, entered on a verdict for the plaintiff, given by direction of the court at circuit. Exceptions heard at the General Term in the first instance. (Reported below, 46 Barb., 412.) The action is to recover the sum of $5,000 insured by the defendant, by a policy on the life of Philip J. Welts, payable to the plaintiff, his wife, in ninety days after notice and proof of his death, dated September, 1864. The policy contains a proviso that in case the said Philip shall, without the consent of the company,…
1Opinion of the Court
Leonard, C.
The policy enjoined it upon Welts that he was not to go south of the thirty-sixth degree of north latitude in the United States, and not to enter into any military or naval service whatsoever, without the consent of the company, indorsed in writing upon the policy, under the penalty of rendering the contract void. At the same time with the issuing of the policy, the company, for a further consideration, granted their written permission to go south of the line of latitude mentioned, for the term of one year, and added to the consent, as a proviso or condition, that it was given with…
2Cited by15 opinions
- Ruddock v. Detroit Life InsuranceMichigan Supreme Court · 1920
- Johnson v. Mutual Life InsuranceSupreme Court of Georgia · 1922
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Pan American World Airways, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1974
- Coit v. Jefferson Standard Life InsuranceCalifornia Supreme Court · 1946
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