McCormack v. Security Mutual Life Insurance
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered, March 9, 1914, reversing a judgment.nominally in favor of plaintiff but actually in favor of defendant, being only for an amount conceded by defendant to be due, entered upon a decision of the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered, March 9, 1914, reversing a judgment.nominally in favor of plaintiff but actually in favor of defendant, being only for an amount conceded by defendant to be due, entered upon a decision of the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the Appellate Division overrode the contract between the parties, and, if followed upon the new trial, which was granted, would have resulted in…
1Opinion of the CourtCardozo, J.
This is an action upon a policy of life insurance. The policy was issued in 1901 to John A. McCormack and was payable upon his death to the plaintiff, his wife. Premiums were due quarterly, but there was a period of thirty days grace. During this term of grace unpaid premiums bore interest at the yearly rate of five per cent. The assured made his payments .promptly till December, 1910. He was then ill with a fatal malady which had made him helpless for years. His wife looked after his affairs. She had received on November 12,1910, a notice which warned her that on December 12 a premium would…
2Cases cited18 opinions
- Mutual Life Insurance Co. of New York v. Hilton-GreenSupreme Court of the United States · 1916
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Aetna Life Insurance v. MooreSupreme Court of the United States · 1913
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Globecon Group, LLC v. Hartford Fire Insurance Company, Docket No. 04-4399-CvCourt of Appeals for the Second Circuit · 2006
- Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
- Drilling v. . New York Life Ins. Co.New York Court of Appeals · 1922
- Thompson v. . Postal Life Ins. Co.New York Court of Appeals · 1919
- Axelroad v. Metropolitan Life InsuranceNew York Court of Appeals · 1935
34 more not listed; retrieve them via the Exa API.