Fischer v. . Hope Mutual Life Ins. Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 8 J. & S., 291.) This action was brought upon a contract made and entered into between the defendant and the Craftsman’s Life Assurance Company; both life insurance corporations organized under the laws of this State.
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Appeal from the judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 8 J. & S., 291.) This action was brought upon a contract made and entered into between the defendant and the Craftsman’s Life Assurance Company; both life insurance corporations organized under the laws of this State. The agreement was executed May 25, 1872, the material portions thereof are as follows : “ That the party of the first part (defendant) in consideration of the acts and covenants of the party…
1Opinion of the CourtFolger, J.
If the plaintiff is within the terms of the contract between the two Life Insurance Companies, the case of Glenn v. Hope Mut. Life Ins. Co., 56 N. Y., 379, is an authority that he may maintain, in his own name, an action thereon against the defendant.
He is within the terms of it, if the agreement of the defendant to pay to the holders of policies, from the Craftsman’s Company, “ all such sums as ” that company “ may, by force of such policies, become liable to pay,” includes a policyholder who is seeking compensation in damages for a failure of the Craftsman’s Company to keep alive its…
2Cases cited1 opinion
- Glen v. . H. Mutual L. Ins. Co. of N.Y.New York Court of Appeals · 1874
3Cited by25 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
- Laughran v. . SmithNew York Court of Appeals · 1878
- Melco System v. Receivers of Trans-America Ins. Co.Supreme Court of Alabama · 1958
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
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