Harnickell v. . New York Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 1, 1886, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Reported below, 40 Hun, 558.) The plaintiff, in the year 1885, was the owner of several policies of insurance, issued upon his life by several different companies, for a total of $35,500. Some of these were payable to his widow and minor children.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 1, 1886, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Reported below, 40 Hun, 558.) The plaintiff, in the year 1885, was the owner of several policies of insurance, issued upon his life by several different companies, for a total of $35,500. Some of these were payable to his widow and minor children. One M. L. Hamlin, who was what is termed a special agent of the defendant, the Hew York Life Insurance Company, came to the…
1Opinion of the CourtPeckham, J.
There was no contradictory evidence in the case. At its close the plaintiff requested the court to find the following fact: “ That a delivery of the said policies was accepted by the said plaintiff upon the terms and conditions shown in the agreement signed by the plaintiff and the said 173.10110, a correct copy of which is attached to the complaint in this action marked ‘ A,’ and also to these findings.” The court refused to make such finding, and the plaintiff excepted. If the finding asked for was material and based upon sufficient and uncontradicted evidence, the request should have been…
2Cases cited1 opinion
- Benton v. . MartinNew York Court of Appeals · 1873
3Cited by20 opinions
- Westerfeld v. New York Life InsuranceCalifornia Supreme Court · 1900
- Moore v. Farmers' Mutual Insurance Asso.Supreme Court of Georgia · 1899
- Travis v. Nederland Life Ins.Court of Appeals for the Eighth Circuit · 1900
- Hartford Fire Insurance v. WilsonSupreme Court of the United States · 1903
- El Dia Ins. Co. v. SinclairCourt of Appeals for the Second Circuit · 1915
15 more not listed; retrieve them via the Exa API.