Merserau v. . Ph&338nix Mutual Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of life insurance issued by defendant, a foreign corporation, upon the life of Esdras Shear, husband of plaintiff’s intestate. The policy was issued in 1871; the premiums required to' be paid semi-annually, “ on or before the thirty-first day of August and February of every year.”
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of life insurance issued by defendant, a foreign corporation, upon the life of Esdras Shear, husband of plaintiff’s intestate. The policy was issued in 1871; the premiums required to' be paid semi-annually, “ on or before the thirty-first day of August and February of every year.” The policy contained this clause: “ Second. If the said premiums shall not be paid at the office of the company, in the city…
1Dissent
One of the conditions of the policy of insurance upon which this action is brought was, that if the premiums were not paid at the office of the company, or to an agent, on his producing a receipt signed by the president or secretary, on or before the date mentioned therein, the company should not be liable. On that policy a notice was indorsed that no agent had authority to receive any premium without first presenting a regular receipt from the president and secretary, or to alter any policy, or to receive any premium after it became due.
It is insisted by the appellant's counsel that the…
2Cases cited7 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Sheldon v. . the Atlantic Fire and Marine Insurance Co.New York Court of Appeals · 1863
- Underwood v. . Farmers' Joint Stock Ins. Co.New York Court of Appeals · 1874
- Goit v. National Protection InsuranceNew York Supreme Court · 1855
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
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