Barbour v. Equitable Life Assurance Society of United States
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hable Barbour, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 24th day of November, 1915, upon a dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the 23d day of November, 1915, granting defendant’s motion for a nonsuit and for a dismissal of the complaint, and for the direction of…
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Appeal by the plaintiff, Hable Barbour, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 24th day of November, 1915, upon a dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the 23d day of November, 1915, granting defendant’s motion for a nonsuit and for a dismissal of the complaint, and for the direction of a verdict in its favor.
1Opinion of the Court
Woodward, J.:
The plaintiff is the widow of one Charles H. Barbour who, on the' 12th day of September, 1913, procured a policy from the defendant upon his life for the sum of $5,000. This policy is conceded to have been made and delivered regularly and in full compliance with the terms and conditions of the defendant corporation, the first annual premium having been paid, continuing the policy in force up to the 11th day of September, 1914. The assured entered into business in the city of Albany, and in the fall of 1914 became financially involved, whereupon his father-in-law appears to have…
2Cases cited4 opinions
- Walrath v. Redfield.New York Court of Appeals · 1858
- Cullinan v. . BowkerNew York Court of Appeals · 1904
- Plumb v. J. W. Hallauer & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Marbury v. BarnetAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Sweets v. BehrensAppellate Division of the Supreme Court of the State of New York · 1982