McCormack v. Security Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Agnes L. McCormack, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 14th day of April, 1913, upon the decision of the court after a trial at the Albany Trial Term before the court and a jury.
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Appeal by the plaintiff, Agnes L. McCormack, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 14th day of April, 1913, upon the decision of the court after a trial at the Albany Trial Term before the court and a jury. Both parties moved at the close of the case for the direction of a verdict, and the court, after submitting two specific questions of fact to the jury, reserved decision on the motions of the respective parties.
1Opinion of the Court
Howard, J.:
In 1901 the Security Mutual Life Insurance Company wrote a policy for $2,000 on the life of John Á. McCormack. He was then a sound and healthy man; afterwards he was stricken with a fatal malady with which he suffered for several years and then died. On December 12, 1910, a quarter yearly premium became due and payable with thirty days’ grace. On November 12, 1910, a notice was sent out by the company and received by the assured whereby the company undertook to apprise the assured of his obligation to make a premium payment on December twelfth. Mrs. McCormack, the wife of the…
2Cases cited2 opinions
- Teeter v. . United Life Ins. Assn.New York Court of Appeals · 1899
- Flint v. Provident Life & Trust Co.New York Supreme Court · 1912
3Cited by8 opinions
- McCormack v. Security Mutual Life InsuranceNew York Court of Appeals · 1917
- Lanier v. New York Life Ins. Co.Court of Appeals for the Fifth Circuit · 1937
- Mutual Life Ins. Co. v. DreebenDistrict Court, N.D. Texas · 1927
- Markowitz v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1924
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1918
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