Legal Opinion

Attorney-General v. Continental Life Insurance

New York Court of Appeals

Decided November 27, 1877PublishedCited by 52 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, -directing John J. Anderson, as receiver of the Continental Life Insurance Company, to pay to the petitioner, Betsey A. Merrill, the, amount of a check, drawn by said company prior to the appointment of a receiver, in settlement of a claim for a loss.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term, -directing John J. Anderson, as receiver of the Continental Life Insurance Company, to pay to the petitioner, Betsey A. Merrill, the, amount of a check, drawn by said company prior to the appointment of a receiver, in settlement of a claim for a loss. The Continental Life Insurance Company insured the life of Albion C. Merrill, in the sum of $10,000, payable at his death to the petitioner, Betsey A. Merrill. The insured died in September, 1876, the company adjusted…

1Opinion of the Court

Church, Ch. J.

The check or draft was executed on the 14th of October, 1876, in settlement and payment of a policy on the life of the petitioner’s husband. It was drawn on the United States. Trust Company, and was in the form of an ordinary bank check.' The company at the date of the check had upwards of $21,000 on deposit in the trust company. The check was transmitted to the petitioner in California, indorsed by her and returned and presented for payment November 9, 1876, and payment refused. Previous to the presentation of the check, and on 25th of October, a receiver of the insurance…

2Cases cited6 opinions

  1. Fisher v. New-York Common PleasNew York Supreme Court · 1836
  2. Lunt v. Bank of North AmericaNew York Supreme Court · 1867
  3. Hosack v. RogersNew York Court of Chancery · 1837
  4. Hall v. City of BuffaloNew York Court of Appeals · 1864
  5. Bradley v. RootNew York Court of Chancery · 1836

1 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Pullen v. Placer Country BankCalifornia Supreme Court · 1902
  2. The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
  3. Harrison v. WrightIndiana Supreme Court · 1885
  4. Dickinson v. CoatesSupreme Court of Missouri · 1883
  5. O'Connor v. Mechanics' BankNew York Court of Appeals · 1891

47 more not listed; retrieve them via the Exa API.

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