Shaver v. Shaver
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martin Shaver, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 21st day of December, 1897, upon the verdict of a jury, as amended by an order made at the Greene Special Term and entered in the office of the clerk of tlie county of Rensselaer on the 17th day of January, 1898, with notice of an intention to bring up for review upon such appeal an ■ order entered in…
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Appeal by the plaintiff, Martin Shaver, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 21st day of December, 1897, upon the verdict of a jury, as amended by an order made at the Greene Special Term and entered in the office of the clerk of tlie county of Rensselaer on the 17th day of January, 1898, with notice of an intention to bring up for review upon such appeal an ■ order entered in said clerk’s office on the 23d day of December, 1897, ■ denying the plaintiff’s motion for a new trial made upon the…
1Opinion of the Court
Parker, P. J.:
The following facts are not disputed in this case: Since 1885 Charles IT. Shaver had carried upon his life a policy of insurance, which by its terms was payable upon his death to his brother, Martin Shaver. In August, 1895, owing to a difference between the insured and the agent of that company, that policy was allowed to lapse, and the one in question was taken out from another company. In the application for insurance the insm-ed asked that it be made payable to his brother Martin, but the company replied that it would not write a policy in that way, but that he could…
2Cited by3 opinions
- Gould v. FleitmannAppellate Division of the Supreme Court of the State of New York · 1919
- North British & Mercantile Insurance v. IngallsCalifornia Court of Appeal · 1930
- Kramer v. Metropolitan Life InsuranceNew York Supreme Court · 1956