Dannhauser v. . Wallenstein
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 14,1900, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. On the 30th of June, 1873, the New York Life Insurance Company issued to one Moses Wallenstein a policy of insuranee upon his life for $10,000, payable upon his death to his legal representatives.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 14,1900, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. On the 30th of June, 1873, the New York Life Insurance Company issued to one Moses Wallenstein a policy of insuranee upon his life for $10,000, payable upon his death to his legal representatives. The policy was known as a ten-payment life policy and contained the following provision : “ If after the payment of two or more annual premiums…
1Opinion of the Court
Werner, J".
The equities in favor of the plaintiff are so clear and strong that they should be upheld unless they conflict with some settled and inflexible rule or principle of law. The assignment from the defendant to Hamburger was executed in September, 1879, or nearly twenty years before the death of the defendant’s husband. It was made upon a consideration of $3,000, paid by Hamburger to the defendant’s husband. The subsequent assignment to the plaintiff was made in part payment of a claim of $8,000 and upwards, which the latter held against Hamburger. If the assignment to Hamburger is…
2Cases cited10 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Barry v. . Equitable Life Assurance SocietyNew York Court of Appeals · 1875
- Griswold v. . SawyerNew York Court of Appeals · 1891
- McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
- Bomeisler v. . ForsterNew York Court of Appeals · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Aetna Life Insurance v. DunkenSupreme Court of the United States · 1925
- United States Mortgage & Trust Co. v. RugglesNew York Court of Appeals · 1932
- Canterbury v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1905
- Griffin v. McCoachCourt of Appeals for the Fifth Circuit · 1940
- Western & Southern Life Insurance v. ShelbyIndiana Court of Appeals · 1935
9 more not listed; retrieve them via the Exa API.