Leslie v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 2 Hun, 616; 5 T. & C., 193.) This action was upon a policy of life insurance issued by the defendant upon the life of James Y. Yates in favor of his wife. She died intestate.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 2 Hun, 616; 5 T. & C., 193.) This action was upon a policy of life insurance issued by the defendant upon the life of James Y. Yates in favor of his wife. She died intestate. Leslie, as subsequent owner of the policy, procured a loan from the company, depositing the policy as security, and subsequently, with the assent of defendant assigned it to Harriet Leslie, who, after the death of the insured, assigned it to…
1Opinion of the CourtFolgeb, J.
The complaint alleges that Harriet Leslie, when the owner of the policy, by her agent, applied to the defendant, who had it in possession, to be told when the premium for June, 1870, and the interest on the note given by the insured, would become due; and at the same time promised to pay the same when due. It further alleges, that thereupon the defendant declined at that time to give the information, but promised and agreed to give notice of the time when they would become due and of the amount. This is a substantial allegation of reciprocal promises. As Harriet Leslie was not before that…
2Cases cited1 opinion
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
3Cited by33 opinions
- Meyer v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1878
- De Frece v. National Life InsuranceNew York Court of Appeals · 1892
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Pratt v. Pioneer-Press Co.Supreme Court of Minnesota · 1886
- Noll v. BaidaCalifornia Supreme Court · 1927
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