Legal Opinion

McDougall v. Provident Sav. Life Assur. Soc.

New York Supreme Court

Decided June 23, 1892PublishedCited by 2 opinions

Exceptions from circuit court, Steuben county. Action by Jane A. McDougall and another, administrators of the estate of John McDougall, deceased, against the Provident Savings Life Assurance Society of New York, to recover on a life insurance policy. Defendant moves for a new trial on exceptions ordered to be heard at general term in the first instance.

1Opinion of the CourtMacomber, J.

This action was brought upon a policy of life insurance issued by the defendant to one John McDougall, which was made payable, in case of his death, to his personal representatives or assigns. At the close of the evidence the counsel for the defendant asked the court to direct a verdict in favor of his client, which was refused, and an exception was taken by him. Thereupon counsel for the plaintiffs moved that the court direct a verdict for the plaintiffs, which was accordingly done. The question presented relates to the application of chapter 321, Laws 1877, pertaining to the 30-day notice…

2Cases cited2 opinions

  1. Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
  2. Merriman v. Keystone Mut. Ben. Ass'nNew York Supreme Court · 1892

3Cited by2 opinions

  1. Rosenplanter v. Provident Sav. Life Assur. Soc. of New YorkCourt of Appeals for the Sixth Circuit · 1899
  2. State v. Insurance Co.Tennessee Supreme Court · 1901

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