Phelan v. Northwestern Mutual Life Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 14, 1886, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. The nature of the action and the material facts are stated in the opinion. The manner of giving notice pointed out by the statute cannot be waived, the mode as much as the thing is a statutory requirement, (Billings v. Picket, 39 Hun, 504.) Carter v. Brooklyn Life Insurance Company is decisive of this case. (110 N. Y. 15.) The dates of written…
1Opinion of the CourtDanforth, J.
The defendant is a life insurance company, .'organized under the laws of Wisconsin, but doing business, in the state of New York. On the 31st of March, 1880, it issued a policy of insurance upon the life of George P. Phelan. The premiums were payable on or before the thirty-first day of March, June, September and December in each year, and the policy contains a provision that if the premiums are not paid at the times mentioned, the policy shall cease and determine. The premium that became due December 31, 1882, was not paid. It was tendered to the company about two o’clock on the 15th of…
2Cases cited1 opinion
- Carter v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1888
3Cited by32 opinions
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
- McDougall v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1892
- Nederland Life Insurance v. MeinertSupreme Court of the United States · 1905
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