Legal Opinion

Stewart v. . Union Mutual Life Ins. Co.

New York Court of Appeals

Decided March 8, 1898PublishedCited by 31 opinions

Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered March 19, 1894, affirming a judgment in favor of defendant entered upon a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred and its judgment should be reversed. (Holmes v. D'Camp, 1 Johns. 37; Milliman v. R. R. Co., 3 App.

Read the full summary

Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered March 19, 1894, affirming a judgment in favor of defendant entered upon a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. The court below erred and its judgment should be reversed. (Holmes v. D'Camp, 1 Johns. 37; Milliman v. R. R. Co., 3 App. Div. 109; Byrne v. R. R. Co., 58 N. Y. S. R. 128 ; Carpenter v. P. R. R. Co., 13 App. Div. 328 ; Hastings v. B. L. Ins. Co., 138 N. Y. 473; McAllister v. N. E. M. L. Ins. Co., 101 Mass. 558 ;…

1Opinion of the CourtHaight, J.

This action was brought to recover the amount of an insurance policy issued by the defendant upon the life of Joe H. Stewart, in which the defendant, undertook to pay $5,000 to Anna B. Stewart, his wife, if living; if not, to his executors, administrators or assigns, upon satisfactory proof of death. The policy is numbered 93,094, and bears date the 19tli day of April, T890. It was issued subject to the following conditions printed upon the policy: “ That the first year’s premium of $123.10 shall be paid at the home office on the delivery of this policy, and that thereafter, on or before the…

2Cases cited13 opinions

  1. Chapin v. . DobsonNew York Court of Appeals · 1879
  2. Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
  3. Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
  4. Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
  5. Miller v. Life InsuranceSupreme Court of the United States · 1871

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
  2. Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
  3. Kelly v. Newark Shoe Stores Co.Supreme Court of North Carolina · 1925
  4. Whipple v. . Prudential Ins. Co.New York Court of Appeals · 1917
  5. Aetna Life Insurance v. FallowTennessee Supreme Court · 1903

26 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API