Whipple v. . Prudential Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 28, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was evidence to show that the defendant waived, or is estopped from setting up, the condition of the application requiring prepayment of the first premium. (Bochen v. W. Ins. Co., 35 N. Y. 131; Bodine v. Exchange Fire Ins. Co., 51 N. Y. 117; Sheldon v. Atl.,…
1Opinion of the CourtCollin, J.
The action is to recover the sum payable to the plaintiff by a policy issued by the defendant, May 22, 1912, insuring the life of Clayton J. Whipple, the husband of the plaintiff. It is defended upon the ground that the policy was inchoate and ineffective, because the 'first premium had not been paid at the time of the death of the insured. The plaintiff by pleading and proof averred that the defendant waived its right that the policy should not take effect until the first premium was paid in full. At the close of the plaintiff’s evidence, the trial court granted the motion of the defendant…
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- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
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- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
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- MacKay v. Aetna Life InsuranceSupreme Court of Connecticut · 1934
- Anderson v. City of St. PaulSupreme Court of Minnesota · 1948
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