New York Life Ins. v. Levy's Adm'r
Court of Appeals of Kentucky
CASE 53. — ACTION BY MOSES LEVY’S 'ADMINISTRATOR. AGAINST THE NEW YORK LIFE INSURANCE CO. TO RECOVER ON ALLEGED CONTRACT OF INSURANCE. — March 23. Appeal from Henderson Circuit Court. J. W. HeNSON, Circuit Judge. Judgment for plaintiff. Defendant appeals. QUESTIONS DISCUSSED. First. Moses Levy applied to the New York Life Insurance Co. for ten thousand dollars of insurance on his life.
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CASE 53. — ACTION BY MOSES LEVY’S 'ADMINISTRATOR. AGAINST THE NEW YORK LIFE INSURANCE CO. TO RECOVER ON ALLEGED CONTRACT OF INSURANCE. — March 23. Appeal from Henderson Circuit Court. J. W. HeNSON, Circuit Judge. Judgment for plaintiff. Defendant appeals. QUESTIONS DISCUSSED. First. Moses Levy applied to the New York Life Insurance Co. for ten thousand dollars of insurance on his life. The company declined his application for ten thousand dollars, and authorized the issual of a policy for five thousand dollars. On the day following, and before the counter proposition was submitted to him,…
1Opinion of the Court
*459OpiNIon op the Court by
Jitdgb Barker
— Affirming on the cross, and reversing on the direct appeal.
On the 30th day of December, 1903, Moses. Levy, a citizen of Henderson county, Ky., made written application to the New York Life Insurance Company for $10,000 of insurance on his life, to be written in two policies of $5,000 each. This proposal for insurance was made through the company’s agent, William Egard, who forwarded it to the main office in New York City. No cash premium was paid at the time of the application, but it is claimed that subsequently, on January 20, 1904, about the hour of…
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