Townsley v. . Niagara Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 12, 1914, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The recovery and payment of the judgment of 1903 is not a bar to this action. (Fudickar v. G. M. L. Ins. Co., 62 N. Y. 392; H. M. L. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 12, 1914, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The recovery and payment of the judgment of 1903 is not a bar to this action. (Fudickar v. G. M. L. Ins. Co., 62 N. Y. 392; H. M. L. Ins. Soc. v. Brincker, 77 N. Y. 435; Perry v. Dickerson, 85 N. Y. 345; Howard v. Daly, 61 N. Y. 362; Milage v. Woodward, 186 N. Y. 252; Carlton v. Albert, 117…
1Opinion of the CourtPound, J.
The question is whether this action is barred by a former judgment. The defendant was originally the Bank Clerks’ Mutual Benefit Association of the City of New York. In June, 1894, its name was changed to Bankers’ Life Insurance Company of the City of New York, and in September, 1911, its name was again changed to Niagara Life Insurance Company. The action is brought to recover a percentage of renewal premiums on life insurance policies issued by the defendant under the management of the plaintiff and is based on a contract dated July 20, 1893, between the Bank Clerks’ Mutual Benefit…
2Cases cited9 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Howard v. . DalyNew York Court of Appeals · 1875
- Rudd v. . CornellNew York Court of Appeals · 1902
- Perry v. . DickersonNew York Court of Appeals · 1881
- Kennedy v. . City of New YorkNew York Court of Appeals · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Watts v. Swiss Bank Corp.New York Court of Appeals · 1970
- Title Guarantee & Trust Co. v. MonsonCalifornia Supreme Court · 1938
- Sklarsky v. Great Atlantic & Pacific Tea Co.District Court, S.D. New York · 1931
- Cornell v. T. V. Development Corp.New York Supreme Court · 1964
- Cotrone v. IervolinoAppellate Division of the Supreme Court of the State of New York · 1945
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