Legal Opinion

Wyman v. Phœnix Mutual Life Insurance Co., of Hartford

New York Court of Appeals

Decided February 25, 1890PublishedCited by 10 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which reversed a judgment in favor of defendant entered upon a verdict directed hy the court, and reversed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. Plaintiff failed to prove a cause of action. (Code, § 533; Wyman v. P. M. Ins.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 9, 1889, which reversed a judgment in favor of defendant entered upon a verdict directed hy the court, and reversed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. Plaintiff failed to prove a cause of action. (Code, § 533; Wyman v. P. M. Ins. Co., 45 Hun, 184; Roehner v. K. L. Ins. Co., 63 N. Y. 164; Wheeler v. C. M. L. Ins. Co., 82 id. 543; Howell v. K. L. Ins. Co., 44 id. 281; Bogardus v. N.…

1Opinion of the CourtFinch, J.

This action was upon a policy of life insurance. The defense asserted the non-payment of the premium which fell due on the 25th of October, 1884. For that reason the trial judge ordered a verdict'for the defendant, but the judgment entered thereon was reversed by the General Term whose decision we are now required to review.

There is not the least doubt as to the circumstances under Which payment of the premium was postponed. Some túne before its maturity the assured was considering the prudence of surrendering the policy to the insurer and taking a paid-up policy in exchange for the amount of…

2Cases cited1 opinion

  1. Homer v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1876

3Cited by10 opinions

  1. Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
  2. Michigan Mutual Life Insurance v. CusterIndiana Supreme Court · 1891
  3. The MacCabees v. JohnsonCourt of Appeals of Texas · 1925
  4. Gerling v. Agricultural Ins.West Virginia Supreme Court · 1892
  5. Veerhoff v. MillerAppellate Division of the Supreme Court of the State of New York · 1898

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