Whitehead v. . New York Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of March, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the first Monday of March, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 33 Hun, 425.) This action was' brought to have the surrender and transfers of three policies of insurance upon the life of George Davis, the father of the plaintiffs, set aside and declared void- and to have the policies declared valid and subsisting obligations of the defendant, in full force and effect at the…
1Opinion of the CourtEraos, J.
All three of the life'insurance policies sought to be revived and enforced in this action purport on their face to be contracts with the wife as the party assured, and not at all with the husband, who stands in the policies as simply the life insured, his conduct and death furnishing the contingencies upon which the liabilities of the insurer are made to depend. As the relation was tersely described on the argument, the contract is about the husband but not with him. He, therefore, in procuring the policies to be made, in paying the premiums, in receiving and acting upon notices, and in doing…
2Cases cited8 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- Olmsted v. . KeyesNew York Court of Appeals · 1881
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Baker v. . the Union Mutual Life Ins. Co.New York Court of Appeals · 1871
- Meyer v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Chatham Phenix National Bank v. CrosneyNew York Court of Appeals · 1929
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Wagner v. ThieriotAppellate Division of the Supreme Court of the State of New York · 1922
98 more not listed; retrieve them via the Exa API.