McCoy v. Mutual Reserve Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jonathan McCoy and others, as executors, etc., of Mary F. King, deceased, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of March, 1903, vacating an order theretofore made in. the aboveéntitled action for the examination- of certain officers of the defend-' ant before trial.
1Opinion of the Court
McLaughlin, J.:
This action was brought by Mary F. King as the beneficiary named in and the assignee of a policy of life insurance issued upon the life of one John Boyd Eliot to recover the amount specified therein. ■
The complaint set forth the issuance of the policy, the interest of the plaintiff therein, performance by her and the insured of all the conditions on their part to be performed, the death of the insured and the service of notice thereof upon the-defendant,-together with the neglect and refusal of defendant to pay the amount specified in the policy. It further set forth that, by…
2Cases cited2 opinions
- Presbrey v. Public Opinion Co.Appellate Division of the Supreme Court of the State of New York · 1896
- McGuire v. McGuireAppellate Division of the Supreme Court of the State of New York · 1901