Holly v. . Metropolitan Life Ins. Co.
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 11, 1883, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 11, 1883, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. Payment was a condition precedent to the continuance of the policy, and no act of God or mere accident, however controlling, could continue the policy in force after the pay day without payment. (Howell v. Knick. Life Ins. Co., 44 N. Y. 276; Wheeler v. Conn. Mut. Ins. Co.,…
1Opinion of the CourtPeckham, J.
The defendant insured the life of the plain tiff, August 16, 1870, in the sum of $5,000, on payment oi a premium of $247 and a premium of the same amount thereafter payable on the sixteenth of August in each year. The-policy was issued for the sole benefit of Charles F. Holly, Jr., and contained a clause of forfeiture if the premium were not paid at the time mentioned. It also contained a promise that if, after three annual payments of premiums were made, the1 assured should fail to make payment of any further premium when due, then upon a surrender of the policy within thirty days after such…
2Cases cited4 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Attorney-General v. North America Life InsuranceNew York Court of Appeals · 1880
- Burleigh v. . Gebhard Fire Ins. Co.New York Court of Appeals · 1882
- The People v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1886
3Cited by37 opinions
- Southland Life Ins. v. HopkinsTexas Commission of Appeals · 1922
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- Bank of Commerce v. New York Life InsuranceSupreme Court of Georgia · 1906
- Dennis v. Massachusetts Benefit Ass'nNew York Court of Appeals · 1890
- Hayworth v. Philadelphia Life InsuranceSupreme Court of North Carolina · 1925
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