Gould v. Equitable Life Assurance Society of United States
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 11, 1919, reversing a judgment in favor of defendant entered upon a dismissal of- the complaint by the court at a Trial Term, and granting a new trial. This court has jurisdiction of the appeal unless a question of fact is actually involved.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 11, 1919, reversing a judgment in favor of defendant entered upon a dismissal of- the complaint by the court at a Trial Term, and granting a new trial. This court has jurisdiction of the appeal unless a question of fact is actually involved. The recital in the order appealed from that the reversal by the Appellate Division was upon the facts as well as the law is not conclusive and must be disregarded unless it appears that there were controverted facts or that the undisputed…
1Opinion of the CourtCrane, J.
This action was brought on a policy of insurance for three thousand dollars on the life of Joseph E. Gould in the name of his wife as beneficiary. The policy was dated back to March 23d, 1914, in order that the insurance might be granted as of the age of thirty-two. Among the terms and conditions in the policy are found the following:
“ This insurance is granted in consideration of the payment in advance of One hundred and twenty-two and 67 /100 dollars and the payment annually thereafter of a like sum upon each twenty-third day of March, until twenty full years’ premiums shall have been paid,…
2Cases cited1 opinion
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
3Cited by19 opinions
- Carolyn S. Volis v. Puritan Life Insurance CompanyCourt of Appeals for the Tenth Circuit · 1977
- Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
- Equitable Life Assurance Society v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1928
- Patricia Harl v. Acacia Mutual Life Insurance CompanyCourt of Appeals for the D.C. Circuit · 1963
- Ballard v. Beneficial Life Ins. Co.Utah Supreme Court · 1933
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