St. John v. American Mutual Life Insurance
The Superior Court of New York City
Case upon a verdict for the plaintiff, subject to the opinion of the court, at general term. The action was brought to recover the amount of two policies of insurance upon the life of one Charles Hoyes.
Read the full summary
Case upon a verdict for the plaintiff, subject to the opinion of the court, at general term. The action was brought to recover the amount of two policies of insurance upon the life of one Charles Hoyes. The complaint averred that the defendants are a corporation, created by the laws of Connecticut, and that, on or about the 12th of October, 1850, they effected a policy of insurance with one Charles Hoyes, numbered 2,500, and dated 11th October, 1850; and executed and delivered the same to Hoyes, by which, in consideration of the sum of §4.22, to them paid, and of the premium of $19.20, to be…
1Opinion of the CourtBy the Court. Duer, J.
We are entirely satisfied that the testimony of Mrs. Noyes ought not to have been admitted. Although not a party on the record, she was a party in interest, *428and under the construction which we have heretofore given to § 399 of the Code, was incompetent, as a person “ for whose immediate benefit the suit was prosecuted.” (Catlin v. Hansen, 1 Duer Sup. C. R., p. 310.) She was a sole cestm que trust, having an immediate right, if not to the whole, yet to a definite portion ($3,500) of the sum that was sought to be recovered.
But although she was improperly admitted as a witness, it by no means…
2Cases cited1 opinion
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
3Cited by11 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Hutson v. MerrifieldIndiana Supreme Court · 1875
- County of Henry v. BradshawSupreme Court of Iowa · 1866
- Clark v. AllenSupreme Court of Rhode Island · 1877
- Levy v. CavanaghThe Superior Court of New York City · 1857
6 more not listed; retrieve them via the Exa API.