Baker v. . the Union Mutual Life Ins. Co.
New York Court of Appeals
Appeal from a judgment ordered by the General Term of the Superior Court of the city of Hew York, on a verdict of a jury, taken subject to the opinion of the court. The action was upon a policy of insurance of $10,000 upon the life of Gookin Baker, issued upon his application, for the sole and separate use and benefit of his wife, the present plaintiff, and reciting an agreement by him to pay the annual premium on a day named, and the payment of the first annual premium.
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Appeal from a judgment ordered by the General Term of the Superior Court of the city of Hew York, on a verdict of a jury, taken subject to the opinion of the court. The action was upon a policy of insurance of $10,000 upon the life of Gookin Baker, issued upon his application, for the sole and separate use and benefit of his wife, the present plaintiff, and reciting an agreement by him to pay the annual premium on a day named, and the payment of the first annual premium. The agreement to insure is declared to be made in consideration of said first payment having been made, and of the…
1Opinion of the CourtAllen, J.
The insurance was effected by the husband for the benefit of his wife, and as a provision for her in case of his death. He was the party contracting with the defendants, and the consideration for the agreement to insure proceeded from him, not from the wife. The statutes of this State authorize a married woman to insure the life of her husband for her own benefit, and declare that the insurance shall be payable to her free from the claims of the representatives and creditors of her husband; but the exemption is restricted to policies upon which the annual premium paid from the funds or…
2Cases cited7 opinions
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Pitt v. Berkshire Life InsuranceMassachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Chatham Phenix National Bank v. CrosneyNew York Court of Appeals · 1929
- Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
48 more not listed; retrieve them via the Exa API.