Legal Opinion

Auspitz v. Equitable Life Assurance Society of United States

Appellate Terms of the Supreme Court of New York

Decided March 15, 1909PublishedCited by 1 opinion

Appeal by the defendant from a judgment of the City Court of the city of Hew York, rendered in favor of the plaintiff.

1Opinion of the CourtMacLean, J.

The plaintiff brought this action to recover the face value, with interest, of a certain policy of insurance issued by the defendant on April 10, 1905, upon the life of plaintiff’s intestate, alleging in her complaint the issuance of the policy and compliance with its conditions. The answer, among other things, admits issuance of the policy, but denies performance of its conditions, and alleges that the premium due April 10, 1908, the death of the assured occurring on the 7th day of June, 1908, was not paid and that the notice required by law was duly given to the assured. “ It is an…

2Cases cited4 opinions

  1. Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
  2. Fischer v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1901
  3. Howell v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1905
  4. Howell v. . John Hancock Mutual Life Ins. Co. of BostonNew York Court of Appeals · 1906

3Cited by1 opinion

  1. Jones v. New York Life Ins. Co.Supreme Court of Oklahoma · 1912

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