How v. . Union Mutual Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The policy was forfeited by a failure to pay the note. No demand was necessary. The note and policy constitute one contract and should be read together.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The policy was forfeited by a failure to pay the note. No demand was necessary. The note and policy constitute one contract and should be read together. The recital in the policy that the first year’s premium had been paid did not estop defendant from showing that a note had been taken for part of it which was…
1Opinion of the CourtEabl, J.
This is an action upon a policy of insurance issued by the defendant to William N. Marcus upon his own life, for the sum of $10,000. The policy is dated October 12, 1872, and contains the following conditions : “The full amount of premium must be paid on the day and in the manner herein provided for; and if any note, chock or draft (except the regular premium note) shall be given and accepted in payment, or part payment, of any premium due, or to become due, such note, check, or draft, and also the annual interest on said regular premium note, must be paid strictly in accordance with the…
2Cases cited5 opinions
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Roehner v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Prentice v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1879
- Voorhis v. . OlmsteadNew York Court of Appeals · 1876
3Cited by10 opinions
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Fox v. Le ComteAppellate Division of the Supreme Court of the State of New York · 1896
- Farmers' & Merchants' Mutual Life Ass'n v. MasonIndiana Court of Appeals · 1917
- Laughlin v. Fidelity Mutual Life Ass'nCourt of Appeals of Texas · 1894
5 more not listed; retrieve them via the Exa API.