McNeilly v. . Continental Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing an order nonsuiting plaintiff on trial, and granting a new trial. This action was brought upon a policy of life insurance issued by defendant upon the life of plaintiff’s intestate, Isaac McNeilly. The policy was issued June 22, 1870. It was obtained through one E. D. Weller, who, at the time, was general agent of defendant.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing an order nonsuiting plaintiff on trial, and granting a new trial. This action was brought upon a policy of life insurance issued by defendant upon the life of plaintiff’s intestate, Isaac McNeilly. The policy was issued June 22, 1870. It was obtained through one E. D. Weller, who, at the time, was general agent of defendant. To him the insured paid the premiums as they fell due up to December 22, 1873, receiving receipts therefor. By the terms of the policy the premiums became due and…
1Opinion of the CourtAndeews, J.
When the policy was issued Weller was the ‘ general agent of the defendant, and was authorized to take applications for insurance, appoint local agents, and receive original, or renewal premiums on policies issued by the company. In 1870 he took the application for insurance upon the life of the plaintiff’s intestate, and the policy was issued June 22, 1870, countersigned by Weller as general agent. By the terms of the policy the premium was payable on the .twenty-second day of June in each year, or within thirty days • thereafter, and prior to 1874, premiums had been paid semiannually to…
2Cases cited1 opinion
- Boehen v. . Williamsburgh Insurance Co.New York Court of Appeals · 1866
3Cited by16 opinions
- Parlato v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 2002
- Land Oberoesterreich v. GudeCourt of Appeals for the Second Circuit · 1940
- Andrews v. ClarkCourt of Appeals of Maryland · 1890
- Bernhagen v. Marathon Finance Corp.Wisconsin Supreme Court · 1933
- Cheshire Provident Institution v. FeusnerNebraska Supreme Court · 1902
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