Toplitz v. Bauer
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Cecilia Toplitz and another against Louis Bauer and others, executors, impleaded with the Mutual Life Insurance Company of New York and another, to cancel the assignment of an insurance polity and the surrender of the same to the company. From a judgment against them, defendants Louis Bauer and others, executors, appeal.
1Opinion of the CourtIngraham, J.
The action was commenced on the 13th of December, 1893, against the defendants the Mutual Life Insurance Company, Charles Bauer, and Rosa Lisner. Subsequently, and on the 24th of December, 1894, Charles Bauer died, when the action was continued against the appellants as his executors, and the supplemental complaint was served on the 25th of March, 1895. To that the defendants answered. The complaint alleged the issuance by the Mutual Life Insurance Company of a policy of insurance upon the life of one Charles Lisner, the father of the plaintiffs. This was an ordinary life policy, insuring the…
2Cases cited3 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Green v. StewartAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Salt v. AndersonWashington Supreme Court · 1919