Pennie v. . Continental Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff. This action was upon an endowment policy issued by defendant in 1867, upon the life of plaintiff for $1,000, payable in six years. The answer admitted the issuing of the policy, and set up as a counter-claim various loans made by defendant to the plaintiff upon the policy amounting to $204.41, and alleged an offer to pay the balance.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff. This action was upon an endowment policy issued by defendant in 1867, upon the life of plaintiff for $1,000, payable in six years. The answer admitted the issuing of the policy, and set up as a counter-claim various loans made by defendant to the plaintiff upon the policy amounting to $204.41, and alleged an offer to pay the balance. The court directed a verdict for the full amount of the policy with interest, amounting to $1,083, and a verdict was rendered accordingly.…
1Opinion of the Court
Ohueoh, Gh. J.
A verdict was directed at the Circuit for $1,083, and the defendant’s exceptions ordered to be heard at General Term in the first instance. The General Term ordered judgment for the plaintiff for $795.59, from which the plaintiff appealed to this court, and the question is, whether it is appealable under chapter 322 of the Laws of 1874. We think it is not. The object of the act was to limit appeals to amounts in controversy exceeding $500. Although the judgment exceeded $500, yet the sum in controversy, is considerably less than that amount. The only controversy in the case, is,…
2Cited by3 opinions
- Brown v. . SigourneyNew York Court of Appeals · 1878
- National Bank of Fort Edward v. Washington County National BankNew York Court of Appeals · 1878
- American Hosiery Co. v. RileyNew York City Court · 1882