Caplin v. Penn Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen Caplin, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 31st day of July, 1917, dismissing the complaint upon the decision of the court after a trial at the Kings County Special Term.
1Opinion of the Court
Thomas, J.:
The defendant company insured the life of Henry Caplin by two policies, one for $40,000, and one for $20,000. The assured assigned the policies to the plaintiff so as to carry to the assignee all values and rights that the assured had. The plaintiff would borrow from the insurer money on the policies to the amount stipulated in the contracts of insurance. The only question is whether the policies authorize it. I conclude that they do so in plain and unmistakable terms. The contracts present features of measured control of the policies by assured or owner during the life of the…
2Cases cited2 opinions
- Ferdon v. . CanfieldNew York Court of Appeals · 1887
- Sterritt v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by10 opinions
- Destiny USA Holdings, LLC v. Citigroup Global Markets Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Anderson v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1933
- Bregman v. MeehanNew York Supreme Court · 1984
- Voros v. BarnaCity of New York Municipal Court · 1935
- Farmer v. Prudential Ins. Co. of America.Louisiana Court of Appeal · 1936
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