Dilleber v. . Knickerbocker Life Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Yew York, in favor of plaintiff, entered upon an order overruling exceptions and directing judgment upon a verdict.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of Yew York, in favor of plaintiff, entered upon an order overruling exceptions and directing judgment upon a verdict. This action was upon a policy of insurance issued upon the life of John R. Dilleber, dated December 22, 1858, and assigned to plaintiff.- By the terms of the policy the insurance was for “ the term of twelve months commencing the 22d day of December, 1858.” The policy contained this provision : “And it is hereby agreed that this policy may be continued in force from time to…
1Opinion of the CourtDanforth, J.
It was one of the conditions of insurance that the annual premium should be paid on or before the day it fell duo. The appellant insists that payment was therefore a condition precedent, and as it is conceded that it was not made, they contend that the plaintiff was not entitled to recover. It is true that' this omission on the part of the insured constitutes a breach of the condition, but it is also true that the act of omission is not a breach if it was by consent .of the company or in consequence of an agreement with it. If the insured was informed that this condition need not be complied…
2Cases cited4 opinions
- Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Trustees of the First Baptist Church v. Brooklyn Fire InsuranceNew York Court of Appeals · 1863
- Resnick v. County of UlsterNew York Court of Appeals · 1978
3Cited by15 opinions
- Farmers & Mechanics Life Ass'n v. CaineIllinois Supreme Court · 1906
- Mutual Reserve Fund Life Ass'n v. Cleveland Woolen MillsCourt of Appeals for the Sixth Circuit · 1897
- Alexander v. Continental Insurance Co. of New YorkWisconsin Supreme Court · 1886
- Traders' Mutual Life Insurance v. JohnsonIllinois Supreme Court · 1902
- Cox v. Albany Brewing Co.New York Supreme Court · 1890
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