Globe Mutual Lies Insurance Co. v. Reals
New York Supreme Court
This action was commenced by the plaintiff, life insurance company, against the defendants, who are the widow and children of the deceased policyholder, and the agent of the company.
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This action was commenced by the plaintiff, life insurance company, against the defendants, who are the widow and children of the deceased policyholder, and the agent of the company. The allegations of the complaint are, that the deceased, James H. Reals, applied to Fowler, the agent of the plaintiff for an insurance upon his life; such application was made in writing and contained a clause agreeing, on the part of the applicant, that under no circumstances should the policy be in force until the actual payment of money to and acceptance of the premium by the company or its authorized agent;…
1Opinion of the CourtHardin, J.
The facts stated in the complaint are sufficient to confer upon a court of equity jurisdiction and power to give the relief asked (McHenry agt. Hazard, 45 N. Y., 580 ; Gases cited in the Opinion of Andrews, J.). If the plaintiff’s right to relief was apparent upon the face of the instrument referred to in the complaint, then the question would belong exclusively to the law side of the court. But facts *240aliunde the papers must he given in evidence to entitle the plaintiff to the relief demanded (40 N. Y., 164).
When those facts shall be given in connection with the papers, then the parties can…
2Cases cited9 opinions
- Insurance Co. v. BaileySupreme Court of the United States · 1871
- Hamilton v. CummingsNew York Court of Chancery · 1815
- Savage v. . AllenNew York Court of Appeals · 1873
- McHenry v. . HazardNew York Court of Appeals · 1871
- Bartlett v. . JuddNew York Court of Appeals · 1860
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