Valton v. National Loan Fund Life Assurance Society
New York Supreme Court
THIS cause was tried before Mr. Justice Wright, at the Albany circuit in November, 1852. The acti^p was upon a policy of insurance in the sum of $10,000, effected on his own life by Conrad Schumacher, late a liquor mérchant of the city of Albany.
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THIS cause was tried before Mr. Justice Wright, at the Albany circuit in November, 1852. The acti^p was upon a policy of insurance in the sum of $10,000, effected on his own life by Conrad Schumacher, late a liquor mérchant of the city of Albany. The complaint alleged the making of the contract of insurance between the deceased and the defendants, and the issuing of a policy to the assured in the month of May, 1850, to continue in force through his life or so long as he should continue to pay a premium of $68.75, in advance, on or before each successive quarter day. The complaint also alleged…
1Opinion of the CourtWright, J.
I endeavored to bring to the trial of this cause the utmost care. The actors were all foreigners, Germans on the one side and Englishmen bn the other, and for any thing that appeared by the evidence, of equal respectability and entitled to an equal measure of consideration at the hands of the courts. Through the probably careless discharge of duty by their agent, and his eagerness to obtain risks, the defendants were involved in a litigation for a large sum. The principal defense set up in the pleadings was, that the policy was obtained by fraud. The complaint averred the-issuing, of the…
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