Ulman v. Equitable Life Assurance Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max H. Newman, as receiver, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of December, 1912, upon the decision of the court after a trial at the New York Special Term. The judgment reformed an insurance policy on the life of defendant Ira Ulman, who is the husband of the plaintiff.
1Opinion of the Court
Hotchkiss, J.:
The policy is a $5,000 twenty-year endowment, dated March 29, 1901; in case of death it is payable to plaintiff, and in case of Ira’s surviving until 1921 it is payable to him. The judgment appealed from eliminates from the policy the phrases giving Ira an interest therein. The appellant’s receivership dates from June, 1911. The action was begun February 26, 1912. The insurance company answered, denying knowledge of the facts on which the claim of reformation was based, and alleged that it was indifferent in the premises. The substance of the court’s findings was as follows: The…
2Cases cited15 opinions
- Gillespie v. MoonNew York Court of Chancery · 1817
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Welles v. . YatesNew York Court of Appeals · 1871
- Groesbeck v. . MorganNew York Court of Appeals · 1912
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
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3Cited by7 opinions
- Schongalla v. HickeyCourt of Appeals for the Second Circuit · 1945
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- Burlingham v. HanrahanNew York Supreme Court · 1931
- D. R. Paskie & Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
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