Legal Opinion

Schad v. Security Mutual Life Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 3 opinions

Appeal by the defendant, The Security Mutual Life Association, of Binghamton, Hew York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome on the 17th day of March, 1896, upon the verdict of a jury rendered after a trial at the Broome Circuit on the 7tli day of May, 1895, and also from an order entered in said clerk’s office on the 17th day of March, 1896, denying the defendant’s motion for a new trial…

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Appeal by the defendant, The Security Mutual Life Association, of Binghamton, Hew York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome on the 17th day of March, 1896, upon the verdict of a jury rendered after a trial at the Broome Circuit on the 7tli day of May, 1895, and also from an order entered in said clerk’s office on the 17th day of March, 1896, denying the defendant’s motion for a new trial made upon a ease containing exceptions.

1Opinion of the Court

Merwin, J.:

On the 28th of March, 1887, the defendant, in consideration of the application of Henry Schad, plaintiffs’ intestate, and of the payment of the admission fee, and of the further payment of the semiannual assessment of twenty dollars and forty-eight cents, to be made at the home office of the defendant at Binghamton, on or before the twenty-eighth days of March and September during the continuance of the contract, received the said Schad as a member of the association, and issued its policy of insurance on his life in the *488sum of $2,000, payable at his death to his heirs or…

2Cases cited3 opinions

  1. Phelan v. Northwestern Mutual Life InsuranceNew York Court of Appeals · 1889
  2. McDougall v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1892
  3. Merriman v. Keystone Mut. Ben. Ass'nNew York Supreme Court · 1892

3Cited by3 opinions

  1. Nederland Life Insurance v. MeinertSupreme Court of the United States · 1905
  2. Napier v. Bankers' Life InsuranceNew York Supreme Court · 1906
  3. Flint v. Provident Life & Trust Co.New York Supreme Court · 1912

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