Howell v. . the Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from an order of the General Term of the New York Superior Court, setting aside a verdict in favor of the plaintiff and dismissing the complaint. On the 15th July, 1853, the defendant, on the application of George E. Howell, on behalf of the plaintiff (his wife), insured his life for one year in the sum of $5,000, for the benefit of the plaintiff and his'children, the policy being issued to the plaintiff in behalf of herself and children.
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Appeal from an order of the General Term of the New York Superior Court, setting aside a verdict in favor of the plaintiff and dismissing the complaint. On the 15th July, 1853, the defendant, on the application of George E. Howell, on behalf of the plaintiff (his wife), insured his life for one year in the sum of $5,000, for the benefit of the plaintiff and his'children, the policy being issued to the plaintiff in behalf of herself and children. It contained this clause following: “And it is hereby agreed that this policy may be continued in force from time to time until the decease of the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The proviso in the policy for its continuance in force beyond the 15th day of July, 1862, rendered it indispensable that the requisite premium for another year should have been paid on or before that day; its payment was manifestly a condition precedent to the continuance of the policy for another year. (Ruse v.The National Life…
2Cases cited1 opinion
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
3Cited by24 opinions
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931
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