Fidelity Trust Co. v. . Marshall
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1904, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action, the facts, so far as material, and he questions certified are stated in the opinion. Ella M. Kean, as the only tchild surviving at the death of her father, is entitled to the whole proceeds of the policies.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 28, 1904, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action, the facts, so far as material, and he questions certified are stated in the opinion. Ella M. Kean, as the only tchild surviving at the death of her father, is entitled to the whole proceeds of the policies. (Walsh v. M. L. Ins. Co., 133 N. Y. 408 ; Geoffrey v. Gilbert, 5 App. Div. 98 ; Schulz v. M. R. F. L. Assn., 135 N. Y. 563 ;…
1Opinion of the CourtYarn, J.
By appropriate allegations the plaintiff in an amended -and supplemental complaint sets forth facts showing its right to sue in the capacity indicated by the title to the action and the representative capacity of the defendants as named therein. In separate counts it also sets forth a cause of action against the Connecticut Mutual Life Insurance Company upon two policies of insurance 'issued by it upon the life of Hamilton M. Lymburner for $10,000 each, dated respectively October 19tli, 1865, and February 21st, 1873. The earlier policy was payable upon the death of the insured to Harriet O'.…
2Cases cited4 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Whitehead v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Walsh v. Mutual Life InsuranceNew York Court of Appeals · 1892
- United States Trust Co. v. Mutual Benefit Life InsuranceNew York Court of Appeals · 1889
3Cited by7 opinions
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
- Burnett v. Mutual Life InsuranceIndiana Court of Appeals · 1916
- Mutual Life Insurance Co. of New York v. DevineAppellate Court of Illinois · 1913
- Pool v. New England Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Eisenbach v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1914
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