Prentice v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of plaintiff, entered upon an order directing judgment on a verdict taken subject to the opinion of the court at General Term. (Reported below, 11 J. & S., 352.) The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff was obliged to comply with the conditions of the policy, unless performance was excused or waived.
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Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of plaintiff, entered upon an order directing judgment on a verdict taken subject to the opinion of the court at General Term. (Reported below, 11 J. & S., 352.) The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff was obliged to comply with the conditions of the policy, unless performance was excused or waived. (Bliss on Life Ins. [2d ed.], 600; May on Ins., 583; Riddlesbarger v. Hart. Ins. Co., 7 Wall., 386; Roach v. N. Y. and Erie Ins. Co., 30 N. Y., 546;…
1Opinion of the CourtAndrews, J.
The facts in this case are peculiar. The action is upon an endowment policy issued by the defendant, August 10th, 1867, to and upon the life of one Edwin W. Mitchell, whereby the defendant, in consideration of the payment by the assured, during the life of the policy, of the annual sum of $337.40, insured him in the sum of $5,000, payable February 11th, 1883, — or in case of his death prior to that date, then within three months after due notice and satisfactory proof of his death. The sixth condition of the policy provides that the company shall be notified forthwith of the death of the…
2Cases cited1 opinion
- Goodwin v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1878
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- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
- Replogle v. American InsuranceIndiana Supreme Court · 1892
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