Cyrenius v. Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which reversed a judgment in favor of plaintiff entered upon a verdict and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 21, 1893, which reversed a judgment in favor of plaintiff entered upon a verdict and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The General Term reversed the judgment on the single ground that neither Alvin Cyrenius nor his estate ivas the owner of the policy, or had any cause of action under it, but that it belonged to George A. Cyrenius; this is erroneous. (Code Civ. Pro. §§ 113, 449; Considerant…
1Opinion of the CourtO’Brien, J.
This was an action upon a life insurance policy of $3,000, dated June 18, 1873, whereby the defendant insured the life of one Alvin Cyrenius, who died on the 6th of June, 1877. This action was commenced by his widow, as administratrix, who died during its pendency, and the present plaintiff, her successor in office, was substituted in her place and continued the action.
The action was commenced in 1877, and has since been before the courts in various forms and with varying results. On the first trial the plaintiff recovered, but the judgment was reversed by the General Term. On the second…
2Cases cited3 opinions
- Connecticut Mutual Life Insurance v. LuchsSupreme Court of the United States · 1883
- Walsh v. Mutual Life InsuranceNew York Court of Appeals · 1892
- Ferdon v. . CanfieldNew York Court of Appeals · 1887
3Cited by6 opinions
- Ronald M. Byrnes v. The Mutual Life Insurance Company of New York, a CorporationCourt of Appeals for the Ninth Circuit · 1955
- Millard v. BraytonMassachusetts Supreme Judicial Court · 1901
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Commissioner of Internal Revenue v. BonwitCourt of Appeals for the Second Circuit · 1937
- C. E. Shepard & Co. v. New York Life InsuranceSupreme Court of Connecticut · 1913
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