Ruoff v. John Hancock Mutual Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lizzie Buoff, as administratrix, etc'., of Lena Dinselbacher, also known as Lena Makel, deceased, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, entered on the 27th day of April, 1903, in favor of the defendant, dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, Lizzie Buoff, as administratrix, etc'., of Lena Dinselbacher, also known as Lena Makel, deceased, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, entered on the 27th day of April, 1903, in favor of the defendant, dismissing the plaintiff’s complaint. The plaintiff sues as administratrix of the assured upon a life insurance policy, and the Municipal Court dismissed her complaint at the close of her case oh the ground that she could not maintain this action. The policy, which was-written in $250, provides: “In the event of the…
1Opinion of the Court
Jenks, J. :
The contract as written provides for payment to a certain living beneficiary. The contract as construed by the plaintiff would entitle the administratrix to the same status as that beneficiary. But such construction is counter to the terms of the policy, for the reason that the' clause wherein the administrator is named makes it optional with the insurer to pay the administratrix or any other of the persons enumerated with her. The scheme of the clause is to protect the company in the event of its payment to any one of such persbns under the conditions named, and to limit the…
2Cases cited4 opinions
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Bishop v. Grand Lodge of the Empire Order of Mutual AidNew York Court of Appeals · 1889
- Wokal v. BelskyAppellate Division of the Supreme Court of the State of New York · 1900
- Golden v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by16 opinions
- In re the Estate of O'NeillNew York Surrogate's Court · 1932
- Zornow v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
- Cohen v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
- In re HillsNew York Surrogate's Court · 1924
- Smith, Admx. v. MassieIndiana Court of Appeals · 1931
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