Baxter v. Brooklyn Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which denied a motion for a new trial and ordered judgment for plaintiff on a verdict in his favor. The nature of the action and the material facts are stated in the prevailing opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 19, 1887, which denied a motion for a new trial and ordered judgment for plaintiff on a verdict in his favor. The nature of the action and the material facts are stated in the prevailing opinion. The General Term held that, under the pleadings, failure of the defendant' to prove a forfeiture of the policy in the mode required by the act of 1876-7, was fatal to the defense. It is submitted that this was error. (Laws of 1876, chap. 341; Laws of 1877, chap. 321; Howell…
1Opinion of the CourtO’Brien, J.
The plaintiff is the assignee of a piolicy of insurance upon the life of one Joel J. Mattison issued by the defendant dated May 24, 1884, whereby in consideration of a quarter-annual premium of §20.97 to be paid upon delivery of the policy, and thereafter on the twenty-fourth day of August, Hovember, February and May in each year, the defendant insured Mattison’s life in the sum of §3,000, payable to his wife, at the office of the company in the city of Hew York, within sixty days after receipt of satisfactory proof of death during the Ufe of the policy. The policy was made. subject to…
2Cases cited3 opinions
- Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
- Boyd v. Cedar Rapids Ins.Supreme Court of Iowa · 1886
- Carter v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
3Cited by25 opinions
- Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
- Fischer v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1901
- Adam v. . Manhattan Life Ins. Co.New York Court of Appeals · 1912
- Hicks v. National Life Ins.Court of Appeals for the Second Circuit · 1894
- Griesemer v. Mutual Life InsuranceWashington Supreme Court · 1894
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